Avakian v. Chulengarian

Plaintiffs, Leon and Isabel Avakian, appeal the dismissal of four counts of their third amended complaint that were directed against Jack Chulengarian, PC., & Associates (the corporation), and Northern Illinois Foot & Ankle Centres, Ltd. (NIFAC). These new allegations altered the plaintiffs’ theory of vicarious liability by changing the identity of the treating physician-agent. The trial court ruled that they were filed beyond the four-year statute of repose (735 ILCS 5/13— 212(a) (West 2000)). On appeal, plaintiffs assert that (1) the counts relate back to the original timely filed…