Perez v. Athletico of Oak Park, et al.

In December 2017, the appellate department successfully argued in the First District Appellate Court that the trial court abused its discretion in granting the plaintiff’s motion for a new trial, thus reinstating a trial victory for a Cray Huber client.  In Perez v. Athletico of Oak Park, et al., the appellate court first granted the petition for leave to appeal pursuant to Illinois Supreme Court Rule 306, and then opined in a Rule 23 Order that the trial court abused its discretion when it granted the plaintiff’s motion for a new trial because the expert testimony conflicted and it was the province of the jury to resolve any conflicts.  According to the appellate court, it was entirely reasonable that the jury found that the plaintiff simply did not meet its burden to prove the elements of medical negligence.