Legal Opinion

Polites v. U.S. Bank National Ass'n

Appellate Court of Illinois

Decided September 13, 2005No. 1-04-2403PublishedCited by 20 opinions

1Opinion of the CourtJustice Garcia

The plaintiff Harry Polites appeals the dismissal of his personal injury action against U.S. Bank National Association. The trial court dismissed U.S. Bank because Polites failed to name it as a defendant within two years of his injury. Polites relies on section 2 — 616(d) of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/2 — 616(d) (West 2002)) for his contention that his amended complaint naming U.S. Bank related back to his original complaint. Because we agree with Polites, we reverse and remand.

BACKGROUND

On June 5, 2000, Polites went to a U.S. Bank branch office located at 744…

2Cases cited18 opinions

  1. Singletary v. Pennsylvania Department Of CorrectionsCourt of Appeals for the Third Circuit · 2001
  2. Main Bank of Chicago v. BakerIllinois Supreme Court · 1981
  3. Ferguson v. City of ChicagoIllinois Supreme Court · 2004
  4. In Re Rehabilitation of Centaur Ins. Co.Illinois Supreme Court · 1994
  5. State Security Insurance v. BurgosIllinois Supreme Court · 1991

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3Cited by20 opinions

  1. Maggi v. RAS Development, Inc.Appellate Court of Illinois · 2011
  2. Asperger v. Shop Vac Corp.District Court, S.D. Illinois · 2007
  3. Cima v. Wellpoint Health Networks, Inc.District Court, S.D. Illinois · 2008
  4. Drakeford v. University of Chicago HospitalsAppellate Court of Illinois · 2013
  5. Mann v. Thomas Place, L.P.Appellate Court of Illinois · 2012

15 more not listed; retrieve them via the Exa API.

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