Szczeblewski v. Gossett

795 N.E.2d 368, 342 Ill. App. 3d 344, 277 Ill. Dec. 1
CourtAppellate Court of Illinois
DecidedJuly 31, 2003
Docket5-02-0422
StatusPublished
Cited by21 cases

This text of 795 N.E.2d 368 (Szczeblewski v. Gossett) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Szczeblewski v. Gossett, 795 N.E.2d 368, 342 Ill. App. 3d 344, 277 Ill. Dec. 1 (Ill. Ct. App. 2003).

Opinion

JUSTICE DONOVAN

delivered the opinion of the court:

This interlocutory appeal, pursuant to Illinois Supreme Court Rule 308 (155 Ill. 2d R. 308), involves three certified questions regarding the proper interpretation and application of Supreme Court Rule 216 (134 Ill. 2d R. 216). In particular, we are asked to determine:

1. Whether the causal connection to the occurrence, the reasonableness and necessity of the medical services, and the reasonableness of the cost of medical services are facts susceptible to admission or denial within the meaning of Supreme Court Rule 216.
2. Whether the knowledge of defendants’ attorneys and insurers regarding the causal connection to the occurrence, the reasonableness and necessity of the medical services, and the reasonableness of the cost of medical services are facts imputable to defendants for purposes of Supreme Court Rule 216.
3. Whether a defendant responding to requests for the admission of facts as set forth above is required to seek to avail himself of the knowledge of his attorneys and/or insurers before making a claim of insufficient knowledge to admit or deny.

We answer question 1 in the affirmative and combine questions 2 and 3 into one inquiry and answer it in the affirmative.

Initially, we note that discovery orders are not appealable under Rule 308. People ex rel. Scott v. Silverstein, 87 Ill. 2d 167, 171, 429 N.E.2d 483, 485 (1981); Voss v. Lincoln Mall Management Co., 166 Ill. App. 3d 442, 452, 519 N.E.2d 1056, 1063 (1988). Nevertheless, a distinction exists between questions of law regarding the scope of discovery and questions regarding particular discovery. Questions of law are reviewable under Rule 308, whereas discovery orders are not. Bass v. Cincinnati, Inc., 180 Ill. App. 3d 1076, 1078, 536 N.E.2d 831, 832 (1989). The questions that have been certified for our review are questions of law regarding the scope of discovery We turn then to the questions certified for review.

Background

This case arises out of the claims of Margaret Szczeblewski and Joseph Myers against Jeffrey Gossett as a result of a rear-end collision on October 26, 2000. Plaintiffs’ complaint was filed March 26, 2001. Defendant’s answer, denying the existence of a collision, negligence on the part of the defendant, or injury to either plaintiff, was filed April 5, 2001. After discovery depositions of the parties, defendant’s admission of liability was filed June 12, 2001. Medical records and bills pertaining to both plaintiffs were provided to the defense June 1, 2001, and thereafter, plaintiffs voluntarily provided to the defense authorizations for medical records. Plaintiffs’ first and second requests for the admission of facts pertaining to medical services and bills were filed August 29, 2001.

Each plaintiffs request for the admission of facts had attached the medical providers’ bills involved, and with the exception of differences in the date, amount, and identity of the service provider, each paragraph of the requests for the admission of facts was in the following form:

“a. That the attached bill dated October 26, 2000, in the amount of $501, from Marshall Browning Hospital, 900 North Washington, DuQuoin, Illinois, represents charges for services which were reasonable and necessary treatment for conditions occurring as a result of the occurrence which is the subject of the instant suit.
b. That the charges on the attached bill dated October 26, 2000, in the amount of $501, from Marshall Browning Hospital, are fair and reasonable charges for the services performed.”

Each subparagraph (a) and (b) of defendant’s responses uniformly stated as follows:

“This defendant can neither admit or [sic] deny Request for Admission of Fact *** in that it requires him to give a medical opinion which he is not qualified to do. Defendant has insufficient knowledge to admit or deny.”

Defendant verified his responses to each of plaintiffs’ requests for the admission of facts as “true and correct to the best of his knowledge and belief.”

Plaintiffs’ motion to compel was filed November 21, 2001. A listing of the medical records, reports, statements, and receipts provided to the defense up to the date of the hearing was attached as an exhibit to plaintiffs’ motion to compel.

On May 31, 2002, the trial court heard arguments on the motion to compel. On June 13, it entered its order, with findings pursuant to Supreme Court Rule 308, denying plaintiffs’ motion to compel. We granted plaintiffs’ application for leave to appeal on July 25, 2002.

Question 1

Question 1 addresses whether a Rule 216 request to admit can be used to establish the causal connection between a defendant’s conduct and a plaintiffs injuries, the necessity and reasonableness of the medical services received by that plaintiff, and the reasonableness of the cost of the medical services received by that plaintiff.

The Illinois Supreme Court’s decision in P.R.S. International, Inc. v. Shred Pax Corp., 184 Ill. 2d 224, 703 N.E.2d 71 (1998), holds the key. According to the holding in PR.S. International, Inc., a party’s failure to respond to a request for admissions may be deemed an admission if the request relates to “ ‘disputed ultimate facts’ ” or “ ‘any contested facts needed to establish one’s case or defense.’ ” P.R.S. International, Inc., 184 Ill. 2d at 233, 703 N.E.2d at 75, quoting P.R.S. International, Inc. v. Shred Pax Corp., 292 Ill. App. 3d 956, 963, 686 N.E.2d 1214, 1219 (1997). The court explained the language of Rule 216 allowing requests for the admission “ ‘of the truth of any specified relevant fact.’ ” (Emphasis omitted.) P.R.S. International, Inc., 184 Ill. 2d at 236, 703 N.E.2d at 77, quoting 134 Ill. 2d R. 216(a). The court then stated: “[W]hether a fact is an ‘ultimate’ fact is irrelevant for purposes of this rule. The key question is whether a requested admission deals with a question of fact. Accordingly, requests for legal conclusions are improper; however, requests for admissions of factual questions which might give rise to legal conclusions are not improper.” (Emphasis in original.) RR.S. International, Inc., 184 Ill. 2d at 236, 703 N.E.2d at 77. A defendant’s conduct as the cause of the occurrence, the necessity and reasonableness of the medical services a plaintiff received to treat his or her injuries, and the reasonable cost of the medical services received are all facts that are proper subjects for a Rule 216 request to admit. See Hubeny v. Chairse, 305 Ill. App. 3d 1038, 1043-45, 713 N.E.2d 222, 225-26 (1999).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cassavoy v. Haayer
2021 IL App (2d) 190809-U (Appellate Court of Illinois, 2021)
Grant v. Rancour
2020 IL App (2d) 190802 (Appellate Court of Illinois, 2020)
Housing Authority of the County of Cass v. Assisted Housing Risk Management Ass'n
2020 IL App (4th) 180737-U (Appellate Court of Illinois, 2020)
HSBC Bank USA v. Rowe
2015 IL App (3d) 140553 (Appellate Court of Illinois, 2015)
Fraser v. Jackson
2014 IL App (2d) 130283 (Appellate Court of Illinois, 2014)
Skotticelli v. Club Misty, Inc.
941 N.E.2d 204 (Appellate Court of Illinois, 2010)
McGrath v. Botsford
938 N.E.2d 589 (Appellate Court of Illinois, 2010)
Oelze v. Score Sports Venture, LLC
927 N.E.2d 137 (Appellate Court of Illinois, 2010)
Oelze v. Score Sports Venture
Appellate Court of Illinois, 2010
Brookbank v. Olson
907 N.E.2d 426 (Appellate Court of Illinois, 2009)
Troyan v. Reyes
855 N.E.2d 967 (Appellate Court of Illinois, 2006)
Golf Trust of America, L.P. v. Soat
Appellate Court of Illinois, 2005

Cite This Page — Counsel Stack

Bluebook (online)
795 N.E.2d 368, 342 Ill. App. 3d 344, 277 Ill. Dec. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/szczeblewski-v-gossett-illappct-2003.