Elevator accidents are incredibly dangerous, but they can be avoided if the owner and operator of the elevator performs routine maintenance and upkeep to ensure that it is working safely. When the owner and operator fails to take precautions against elevator malfunctions and an accident results, the victim can seek compensation from the owner and operator in a personal injury lawsuit. At Therman Law Offices, we have proudly served numerous victims of Illinois elevator injuries and we are standing by to help you assert your right to compensation.
Recently, a woman filed a complaint against the owners and operators of an elevator seeking compensation for injuries that she suffered while riding the elevator. During the litigation, the plaintiff filed a motion seeking to exclude the testimony of the physician that the defendant’s retained to examine the plaintiff to determine the nature and scope of her injuries and whether the injuries were caused by the elevator. The plaintiff asserted that the defendants did not provide a copy of the doctor’s report to the plaintiff within the timeframe required under Illinois statutes.
The trial court denied the motion, but later granted the plaintiff’s motion to certify a question for a higher court to answer regarding whether the trial court has discretion to allow the doctor to testify when the opposing party did not receive a copy of the examination report within the statutory timeframe.