Gendek v. Jehangir

These consolidated causes raise a common question of whether or not a particular statutory provision, section 13 — 217 of the Code of Civil Procedure (Ill. Rev. Stat. 1983, ch. 110, par. 13—217), permits a plaintiff to file more than one action within one year after the original action has been dismissed (voluntarily or for want of prosecution).

In the first of the consolidated causes, No. 64870, plaintiff, Bernard Gendek, filed a medical malpractice action against defendant, Jehangir M. Jehangir, M.D., in Federal court in Indiana on December 13, 1983, eight days before the expiration of the…