Yates v. Barnaby's of Northbrook

Plaintiff’s personal injury action was dismissed on April 8, 1988, on defendant’s motion for sanctions when plaintiff failed to comply with discovery. (107 Ill. 2d R. 219(c).) Defendant now appeals from entry of the trial court’s order granting plaintiff’s amended section 2— 1401 petition (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 1401) to vacate the dismissal. Defendant contends that the trial court abused its discretion because plaintiffs petition was unsupported by competent affidavits and failed to demonstrate due diligence.

In February 1987, plaintiff filed a lawsuit against defendant…