Morton v. Madison County Nursing Home Auxiliary

Docket No. 90796–Agenda 31–September 2001.

RICHARD MORTON, as Independent Adm’r for the Estate of William R. Morton, Appellant, v. MADISON COUNTY NURSING HOME AUXILIARY et al. (The County of Madison, Appellee).

Opinion filed November 21, 2001.

The issue in this case is whether the plaintiff’s amended complaint adding a new defendant relates back to his original complaint under section 2–616(d) of the Code of Civil Procedure (735 ILCS 5/2–616(d) (West 2000)).

BACKGROUND

William Morton was a resident of the Madison County Nursing Home. In 1998, William perished when he either fell or jumped from a…