Volkmar v. State Farm Mutual Automobile Insurance

This interlocutory appeal is from the denial by the circuit court of Madison County of defendant’s motion to dismiss plaintiff’s complaint. Following the denial, this court granted defendant’s application for leave to appeal under Supreme Court Rule 308 (73 Ill. 2d R. 308). We reverse.

The record on appeal establishes the following: On February 29, 1980, plaintiff filed the complaint in the instant case in which she alleged that after she was injured in an automobile collision on June 17, 1973, she filed a prior suit against the operator of the vehicle that struck her, Otis (Lawan) John Burns,…