Rumer v. Zeigler Coal Co.

Defendant, Zeigler Coal Company (Zeigler), failed to amend its third-party complaint against plaintiff, Donald G. Rumer, M.D. (Rumer), in a prior action for medical malpractice. The circuit court of Douglas County dismissed the complaint with prejudice for noncompliance with the healing art malpractice statute. (Ill. Rev. Stat. 1985, ch. 110, par. 2 — 622.) Rumer sued Zeigler in the instant case for malicious prosecution. Rumer appeals the dismissal of his case for failure to state a cause of action. We affirm.

This case arose out of an action filed by Russell Vaught (Vaught) on September 30,…