Witherell v. Weimer

In Witherell v. Weimer (1981), 85 Ill. 2d 146 (Witherell I), this court held that the circuit court had improperly dismissed plaintiff Betty Witherell’s malpractice complaint as not timely filed. The case was remanded to the circuit court for further proceedings on both the statute of limitations and the merits. After a trial in the circuit court of Tazewell County, the jury returned a verdict for the plaintiff, establishing her damages as $500,000, but reducing the award by $200,000 for her 40% comparative negligence. The appellate court, with one justice dissenting, reversed and ordered a…