M&S Industrial Co., Inc. v. Allahverdi

Illinois Appellate Court
Civil Court
Statutes of Limitations
Citation
Case Number: 
2018 IL App (1st) 172028
Decision Date: 
Sunday, August 26, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
BURKE

(Court opinion corrected 12/19/18.) Court properly dismissed Plaintiff's complaint arising out of injuries sustained when roof of Defendant's building uplifted during a wind storm and struck nearby power lines, resulting in an electrical surge that damaged Plaintiff's property. Section 13-214(a) of Code of Civil Procedure, which is the construction negligence limitation period, applies to Plaintiff's claims, which involve a defectively constructed roof, a single event that does not entail daily provision of a dangerous utility to a customer.Limitations period was triggered at the time the roof of Defendant's building detached and caused damage to Plaintiff's property. As 4-year limitations period expired before Plaintiff filed suit, dismissal was proper.(McBRIDE and GORDON, concurring.)