Appellate Law, Client Outcomes

Jones v. Chicago Cycle Center, 391 Ill.App.3d 101 (1st Dist. 2009)

May 6, 2009

(Upon voluntarily dismissing personal injury case involving a motorcycle accident, the trial court awarded costs and expenses of over $181,000 to defendants pursuant to Supreme Court Rule 219(e), which would only become payable if plaintiffs' re-filed the case. On appeal, plaintiffs argued that the conditional payment order was void, that there had been no discovery abuse warranting expenses under Rule 219(e). The appellate court held that plaintiffs' right to refile remained "unabridged," the trial court's order was not void, and that the trial court did not abuse its discretion by rejecting plaintiffs' proffered reason for voluntarily dismissing the lawsuit. Finally, the appellate court held that the Rule 219(e) award was reasonable).

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