Valdez v. Pappas

We have consolidated two cases in this matter on appeal. In case No. 84 — 1643, defendant Jaime Pappas appeals from an order denying his motion to dismiss filed under section 2 — 619 of the Code of Civil Procedure (Ill. Rev. Stat. 1983, ch. 110, par. 2 — 619); In case No. 84— 1845, plaintiff Roberto Manuel Valdez appeals the denial of his section 2 — 1401 petition (Ill. Rev. Stat. 1983, ch. 110, par. 2 — 1401). The facts giving rise to both appeals are as follows.

On October 2, 1980, Valdez filed a personal injury action against Pappas for injuries sustained when he fell down stairs in a…