Kruk v. Birk

Plaintiff appeals from the trial court’s order dismissing her medical malpractice action against defendants. Plaintiff filed her suit two days before the statute of limitations expired, she caused no summons to issue in that action, and she did not attempt to serve any of the defendants. Two years later plaintiff voluntarily dismissed her action, pursuant to section 2—1009 of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2—1009), and immediately refiled, pursuant to section 13 — 217 (Ill. Rev. Stat. 1985, ch. 110, par. 13—217). It took plaintiff a period of eight months…