Tolling plea falls short in several ways

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted December 21, 2015 3:33 PM

In an ordinary negligence case, Stephen Klancir would not have had any problem utilizing the common maneuver of voluntarily dismissing his lawsuit against BNSF Railway without prejudice before trial, based on Section 2-1009 of the Illinois Code of Civil Procedure, and then invoking the tolling statute (in Section 13-217 of the code) to refile the complaint within a year, even though the statute of limitations expired before he dropped the first case.Klancir’s problem was that his negligence claim was based on the …

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