Murphy v. Giardina

Plaintiff Patrick Murphy filed a wrongful death action against defendant Dr. Jacob Giardina for the deaths of his pregnant wife Theresa and unborn son, John. One day short of the two-year statute of limitations, plaintiff filed his first amended complaint naming appellees St. Anne’s Hospital, Dr. Bruno Cortis, and Dr. Elio Vento, respondents in discovery, pursuant to section 21.1 of the Civil Practice Act. The trial court subsequently dismissed the amended complaint on the basis that section 21.1 of the Civil Practice Act was unconstitutional. Plaintiff was given leave to file a second…