Hugley v. Alcaraz

This interlocutory appeal is before us pursuant to our granting of defendant Dr. R. V. Alcaraz’ petition for leave to appeal (87 Ill. 2d R. 308). Defendant appeals from an order of the circuit court of Cook County denying his motion to dismiss a medical malpractice action filed by plaintiff Annie Hugley. The issue certified to this court is whether plaintiff’s right to refile an action within one year, pursuant to section 13—217 of the Code of Civil Procedure (the Code), following a voluntary dismissal overcomes her failure to name Alcaraz as a defendant within the statutory period prescribed…