Suing v. Catton

Plaintiff was injured while riding as a passenger in an automobile owned and operated by another. The automobile was struck by the defendant’s car. The accident occurred on September 14, 1965. Plaintiff filed her Complaint for personal injuries on March 11, 1968, and demanded a jury trial. Defendant filed a motion to dismiss based upon the two-year statute of limitations. (Ill Rev Stats 1965, c 83, § 15.) Plaintiff filed an answer to the motion to dismiss and alleged therein that the defendant through his insurance company had waived his right to rely upon the statute of limitations and is…