KELLI RITSCHEL BOEHLE, Individually and as Administrator of the Estate of Nikolas Ritschel, Deceased, Plaintiff-Appellee, v. OSF HEALTHCARE SYSTEM, d/b/a Saint Anthony Medical Center-Rockford and d/b/a OSF Medical Group; BERNARD E. O'MALLEY, M.D.; ROY K. WERNER, M.D.; ROCKFORD RADIOLOGY ASSOCIATES, P.C.; JOSEPH P. MICHO, M.D.; MICHAEL G. MYERS, M.D., ERIC TREFELNER, M.D., INC., d/b/a Nightshift Radiology; and MARSHALL P. MALLORY, M.D., Defendants-Appellants., 2018 IL App (2d) 160975

Summary

HOLDINGS: [1]-Ill. Sup. Ct. R. 291(e) did not limit or prevent a plaintiff's ability to voluntarily dismiss an action without prejudice prior to trial, but it did make the party subject to paying costs as a condition of the voluntary dismissal and/or suffering adverse consequences if the party chose to refile; [2]-The rule altered the consequences of taking a voluntary dismissal rather than restricting a party's right to obtain such a dismissal; [3]-When a case was refiled, the rule required the court to consider the prior litigation in determining what discovery would be permitted, and what witnesses and evidence may be barred.