Avery v. Auto-Pro, Inc.

PRESIDING JUSTICE O’MARA FROSSARD

delivered the opinion of the court:

In this refiled negligence lawsuit, we are asked to determine whether a defendant may file a counterclaim for contribution against plaintiff under section 13 — 204 of the Code of Civil Procedure (735 ILCS 5/13 — 204 (West 1998)). In the previously filed lawsuit, the trial court dismissed defendant’s counterclaim for contribution as barred under the statute of limitations of section 13 — 204. Once plaintiffs voluntarily dismissed their complaint and refiled this lawsuit within one year of the voluntary dismissal (735 ILCS 5/13…