In a negligence case where the nonagenarian defendant died two years after his discovery deposition, the Illinois Appellate Court was unanimous on a dispute about the Dead Man’s Act — but Justices Judy L. Cates and David K. Overstreet disagreed on whether the trial judge misconstrued Illinois Supreme Court Rule 212(a)(5), which was amended in 2011 to permit use of discovery depositions as substantive evidence at trial.Rule 212(a)(5) says a discovery deposition may be used “upon reasonable notice to all …