Evanston Insurance Company v. Riseborough

Illinois Supreme Court
Civil Court
Legal Malpractice
Citation
Case Number: 
2014 IL 114271
Decision Date: 
Friday, February 21, 2014
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court reversed; circuit court affirmed.
Justice: 
BURKE
Six-year statute of repose for actions against attorney arising out of act in performance of professional services applies to tort or contract action, including claim brought by nonclient. Statute of repose bagan running on date of act or omission alleged in complaint. Although Plaintiff's initial complaint was dismissed per Section 2-615, and Plaintiff was granted leave to refile, Plaintiff never requested a stay of the proceedings until underlying litigation was resolved. (GARMAN, FREEMAN, THOMAS, and KARMEIER, concurring; KILBRIDE and THEIS, dissenting.)