Fiorito v. Bellocchio

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 121505
Decision Date: 
October 24, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Justice: 
HOWSE
Holding: 
Affirmed.
Plaintiff's counsel filed, without Plaintiff's knowledge,a personal injury action for car accident. Plaintiff filed a second, identical case against same defendant arising from same incident six weeks later, and Plaintiff voluntarily dismissed it per Section 2-1009 on March 24, 2004. Plaintiff filed a third case against Defendant on May 16, 2011. One-year period to refile began to run from first voluntary dismissal (3/24/04) rather than second one. Thus, refiling on 5/16/11 was untimely, as it was well beyond the one year refiling period from the date of 3/24/04. (PALMER and TAYLOR, concurring.)