# McWilliams v. Dettore

> Appellate Court of Illinois · January 20, 2009 · 387 Ill. App. 3d 833

URL: https://www.frixlaw.com/law-library/cases/9725703

## Case

- **Full name:** CAROL McWILLIAMS Et Al., Plaintiffs-Appellants, v. DONALD DETTORE Et Al., Defendants-Appellees
- **Court:** Appellate Court of Illinois
- **Decided:** January 20, 2009
- **Citations:** 387 Ill. App. 3d 833; 901 N.E.2d 1023
- **Precedential status:** Published
- **Opinion:** Concurrence by Wolfson
- **Judges:** Gordon, Garcia, Wolfson
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9725703

## Opinion text

JUSTICE WOLFSON, specially concurring:
I write this special concurrence only to express my disagreement with a small portion of the majority opinion.
We should apply an abuse of discretion standard to the trial court’s decision to bar Dr. Gomez’s testimony against Dr. Joyce. To reach the conclusion that Dr. Gomez was not qualified to testify the trial court had to review Dr. Gomez’s deposition and voir dire testimony. The trial court weighed the testimony and made an evidentiary ruling. It was not a ruling based on “documentary evidence,” as it was in Townsend v. Sears, Roebuck & Co., 227 Ill. 2d 147, 154 (2007).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9725703. Public record. Not legal advice.