Wilk v. Wilmorite, Inc.

Plaintiff, John Wilk, was injured after he tripped over a rope in a public area of Charlestowne Mall. Plaintiff filed a complaint one day before the two-year statute of limitations was to run on his personal injury claim (see 735 ILCS 5/13 — 202 (West 2000)). The complaint named only “Wilmorite Inc., d/b/a Genesee Management also d/b/a Charlestowne Mall,” as defendant. Wilmorite moved to dismiss the complaint on the grounds that it did not own the mall on the date of the injury. Plaintiff obtained leave to amend the complaint and named “Charlestowne Mall, LLC., d/b/a Genesee Management, d/b/a…