Giles v. Parks

Illinois Appellate Court
Civil Court
Statutes of Limitations
Citation
Case Number: 
2018 IL App (1st) 163152
Decision Date: 
Monday, February 5, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div,
Holding: 
Affirmed.
Justice: 
SIMON

Plaintiff filed suit for death of his brother who was hit by tow truck while walking through a cross-walk, 2 years and 1 day after accident. Where there is a sudden traumatic injurious event, cause of action accrues, and statute of limitations begins to run on date the injury occurs. As original complaint was not timely filed, no subsequent pleading can relate back to it. Any legal disability on the part of the decedent, and any negligence by Plaintiff's counsel, cannot extend statute of limitations. (PIERCE and HARRIS, concurring.)