Court erred in granting motion to dismiss as time-barred Plaintiff's complaint filed under Wrongful Death Act and Survival Act. A factual determination must be made as to whether Plaintiff had sufficient information 2 years prior to when he filed his complaint so as to trigger limitations period. Plaintiff filed suit less than 2 years after receiving initial verbal medical expert report, and within 4-year statute of repose. THere is no reason to impose statute of limitations constraints that decedent would have faced had she lived on plaintiff as the representative without also allowing the benefits of discovery rule that she would have been entitled to if her alleged injuries had not been so serious as to lead to her death.Thus, discovery rule of Section 13-212(a) of Code of Civil Procedure applies.(GARMAN, FREEMAN, THOMAS, KILBRIDE, KARMEIER, and BURKE, concurring.)
Illinois Supreme Court
Civil Court
Statute of Limitations