Franzese v. Trinko

Plaintiff appeals from an order dismissing his complaint for personal injuries which he had refiled within 1 year following the dismissal of his previous complaint for want of prosecution. He contends that the trial court erred in ruling that he had failed to comply with section 24 of the Limitations Act (Ill. Rev. Stat. 1973, ch. 83, par. 24a).

On May 1, 1972, plaintiff filed a complaint to recover for personal injuries allegedly suffered in an automobile accident on May 14,1970. On June 26, 1972, on defendant’s motion, the court entered a mutual production order. Plaintiff failed to respond…