Plaintiff finds he can’t sue defense expert witness no matter what

Split Decision

By Norman Ruber

Norman Ruber has practiced law in Illinois for approximately 40 years. From 1999-2017 his practice was limited to family law. Prior to that, he was a civil litigator and a Cook County assistant state’s attorney. He has tried jury and bench cases in federal and state court, and argued successfully on two occasions before the Illinois Supreme Court. Any comments, suggestions, or even semi-legitimate criticisms are welcomed at normanruber@outlook.com.

Posted January 11, 2018 1:03 PM

Experts, like all witnesses, have an absolute privilege from civil suit arising from “pertinent and material” testimony, reports or other communications made during litigation.So ruled the 1st District Appellate Court in an opinion that also provides that the absence of a legal duty from a defense-controlled expert witness to the plaintiff, bars the medical-malpractice claim filed against the expert. Sandler v. Sweet, 2017 IL App (1st) 163313.Philip Sandler attempted suicide while receiving inpatient hospital …

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