Civil procedure — relation back, amended complaint

Posted June 14, 2018 1:17 PM

Where a plaintiff files an untimely complaint, it may be considered if it relates back to an original, timely action, stems from the same transaction or occurrence and the defendant had notice such that they weren’t prejudiced in maintaining a defense and knew or should have known that, but for a mistake, they would be subject to the suit.The 1st District Appellate Court affirmed the decision of Cook County Associate Judge Moira Johnson and Circuit Judge Arnette R. Hubbard.On Aug. 18, 2004, Rebecca Hess fell off of a …

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