Limer v. Lyman

This is an appeal by plaintiff Virginia Limer, as independent executor of the estate of James Limer, deceased, from a summary judgment of the circuit court of McLean County dismissing plaintiff’s claim for medical malpractice. The trial court based its dismissal upon section 13 — 212(a) of the limitations article of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1991, ch. 110, par. 13 — 212(a)). Plaintiff contends her action is not barred by the statute of limitations because the action was filed within the one-year period provided under section 13 — 209 of the Code (Ill. Rev. Stat.…