Swisher v. Duffy

Robert Swisher filed a medical malpractice action in the circuit court of Will County against Dr. John Duffy and St. Joseph’s Hospital. On October 1, 1982, prior to trial on the merits, the circuit court granted plaintiff’s motion for voluntary dismissal (Ill. Rev. Stat. 1985, ch. 110, par. 2 — 1009). On October 21, 1982, three weeks after granting the voluntary dismissal, the trial court signed a written order for voluntary dismissal of the case.

Plaintiff refiled this action in the circuit court of Will County on October 21, 1983, one year from the date that the circuit court signed the…