Hobart v. Shin

In Hobart v. Shin (1st Dist. 1997), 292 Ill. App. 3d 580, 226 Ill. Dec. 834, 686 N.E.2d 617, the trial court allowed defendant leave to amend his answer to add the affirmative defense of contributory negligence 5 1/2 years after the original complaint had been filed and only a few days before the trial. The First District Appellate Court ruled that granting the defendant's motion was prejudicial to the plaintiff when the defendant offered no explanation for the late filing and none was apparent from the record. According to the Appellate Court, the untimeliness of the affirmative defense was prejudicial to the plaintiff in that she was denied the opportunity to adequately prepare for trial because she was unable to prepare and examine several experts as to the issues raised by the affirmative defenses.