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03/29/89 Theresa Antunes, Indiv. v. Samerng Sookhakitch Et Al.

March 29, 1989

THERESA ANTUNES, INDI

v.

AND AS SPECIAL ADM'R OF THE ESTATE OF DEBORAH JEWELL, DECEASED, PLAINTIFF,

v.

SAMERNG SOOKHAKITCH ET AL., DEFENDANTS (SAMERNG



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

Sookhakitch, Third-Party Plaintiff and

Counter-defendant; Pap Smear Center, Inc.,

Third-Party Defendant and

Counter-plaintiff and Third-Party, Plaintiff-Appellant; Wilfredo

Granada, Third-Party, Defendant-Appellee; Frank Sun, Third-Party, Defendant-Appellee)

Nos. 2-88-0666, 2-88-0668 cons.

537 N.E.2d 333, 181 Ill. App. 3d 621, 130 Ill. Dec. 266 1989.IL.433

Appeal from the Circuit Court of Lake County; the Hon. Bernard E. Drew, Judge, presiding.

APPELLATE Judges:

JUSTICE McLAREN delivered the opinion of the court. UNVERZAGT, P.J., and REINHARD, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCLAREN

Third-party plaintiff, Pap Smear Center, appeals from the trial court's orders dismissing its third-party complaints. The complaints sought contribution from Dr. Frank Sun and Dr. Wilfredo Granada. The trial court determined that both of these complaints were barred by the statute of limitations. We reverse and remand.

Decedent, Deborah Jewell, filed a complaint in the circuit court of Lake County on April 7, 1981, alleging the medical malpractice of Dr. Samerng Sookhakitch. Decedent alleged that Dr. Sookhakitch, a gynecologist, was negligent in his care and treatment of her from May 25, 1979, through June 16, 1980. On August 26, 1981, Deborah Jewell died. In February 1983, plaintiff, Theresa Antunes, was appointed special administrator of the Jewell estate. Plaintiff voluntarily dismissed the original complaint on April 2, 1984, and refiled this suit on April 1, 1985, pursuant to section 13-217 of the Illinois Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 13-217). The refiled complaint named Dr. Sookhakitch as the sole defendant. On December 11, 1986, Dr. Sookhakitch filed a third-party complaint seeking contribution from Pap Smear Center pursuant to the Illinois Contribution Among Joint Tortfeasors Act (Contribution Act) (Ill. Rev. Stat. 1985, ch. 70, par. 301 et seq.). Pap Smear Center filed a motion to dismiss the complaint based on the statute of limitations. The court denied the motion and also denied Pap Smear Center's motion for reconsideration.

On March 30, 1987, plaintiff amended her complaint to include Pap Smear Center as a direct defendant. Pap Smear Center moved to dismiss the amended complaint for failure to bring the negligence action within the two-year statute of limitations period. The trial court granted the motion. On September 10, 1987, plaintiff filed a second amended complaint, naming ...


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