Ciers v. O.L. Schmidt Barge Lines, Inc.

PRESIDING JUSTICE HARTMAN

delivered the opinion of the court:

Plaintiff Joseph Ciers appeals from the circuit court order granting defendant’s motion for summary judgment based upon the statute of limitations, raising as issues whether (1) defendant should be equitably estopped from asserting a statute of limitations defense; (2) defendant waived the statute of limitations defense; and (3) the statute of limitations should be equitably tolled.

On January 23, 1985, Ciers, a tankerman, was injured after falling on the deck of a barge owned by defendant O.L. Schmidt Barge Lines (Schmidt). On…