Levine v. EBI, LLC

Illinois Appellate Court
Civil Court
Case Number: 
2012 IL App (1st) 121049
Decision Date: 
March 6, 2013
1st Dist.
Cook Co., 3d Div.
Reversed and remanded.
Plaintiffs sued for injuries sustained from surgeon not having instruments he needed to complete back surgery. Plaintiff amended complaint to identify a different company which surgeon identified as responsible for bringing missing instruments to surgery. Court properly rejected Plaintiffs' argument that company's dishonest answers to discovery were fraudulent concealment of cause of action, as Section 13-215 of Code of Civil Procedure does not extend limitations period beyond two years. Plaintiffs presented adequate grounds for equitably estopping company from asserting statute of limitations as defense. (STERBA and HYMAN, concurring.)