Mabry v. Boler

Pedestrian was struck, in 2006, by driver, and insurer filed subrogation negligence action against driver in 2008, alleging that driver struck insured in her vehicle. Insurer voluntarily dismissed action without prejudice, and filed another negligence complaint in 2010, alleging that driver struck insured pedestrian, and included loss of consortium claim. Insurer's 2010 complaint was not an amended pleading to 2008 suit, and thus was not subject to provisions of Section 2-616(b), but was a refiled action under Section 13-217. Refiled action was timely, as it was filed within one year from voluntary dismissal. Allegations in two complaints arose from single group of operative facts, even though allegations had minor differences, and refiling can assert new theories of relief or recovery. (QUINN and CONNORS, concurring.)