Udstuen v. Patterson

PRESIDING JUSTICE HEIPLE

delivered the opinion of the court:

Plaintiff filed a personal injury complaint more than two years after his accident and the complaint was dismissed. The trial court ruled that the claim was barred by the statute of limitations. Plaintiff appeals on the grounds that his accident rendered him physically incapacitated and thus legally disabled so that the statute of limitations was tolled.

The simple facts are that the 80-year-old plaintiff, Norman Udstuen, was struck by a vehicle on November 1, 1985, as he walked across a street in Morris, Illinois. As a result of the…