Brummel v. Grossman

Court properly granted Section 2-619 motion to dismiss legal malpractice suit with prejudice, as decedent did not file his original complaint within 2-year statute of limitations governing legal malpractice actions. Decedfent, even if he lacked legal expertise, was aware that his settlement of workers compensation suit was insufficient, which put him on notice to investigate whether his attorneys were negligent. Statute of limitations was not tolled as decedent was aware of his injury at time settlement order was entered. Equitable estoppel not applicable, as no assertions that Defendants misrepresented or concealed material facts that prevented decedent from discovering his cause of action. (BURKE and ELLIS, concurring.)