Plaintiff filed a complaint against the defendant for replevin and detinue, seeking the return of a trailer that was stolen from the plaintiff in 2007. The trial court dismissed the complaint as untimely and plaintiff appealed, arguing that the trial court erred in dismissing his complaint because he did not discover that the defendant had his trailer until 2016 and that the defendant engaged in fraudulent concealment. The appellate court reversed and remanded to allow the trial court to consider whether the five-year statute of limitations should be equitably tolled until plaintiff discovered, or through the exercise of reasonable diligence could have discovered, that defendant had his trailer. (PETERSON, concurring and McDADE, specially concurring)
Illinois Appellate Court
Civil Court
Statute of Limitations