Mitsias v. I-Flow Corporation

Court improperly dismissed products liability suit as time-barred under two-year statute of limitations period per Section 13-213(d) of Code of Civil Procedure. Where a plaintiff has discovered one cause of her injury, but has not and could not have discovered a second cause, tolling the statute of limitations as to second claim advances policy of encouraging diligent inquiry into potential causes of action. Plaintiff did not "slumber on her rights", but filed a timely medical malpractice suit within two years of injury, and her delay in filing products liability suit was due not to lack of diligence but because causal link between pain pumps and her injury (chondrolysis) was not scientifically discoverable. (EPSTEIN and McBRIDE, concurring.)