Martinez v. Erickson

Resolution of the question common to these consolidated appeals requires that we revisit our recent decisions on the interplay of Supreme Court Rule 103(b) and section 13 — 217 of the Code of Civil Procedure (Ill. Rev. Stat. 1983, ch. 110, par. 13-217).

On October 24, 1980, the plaintiff, Lorenzo Martinez, brought an action in the circuit court of Cook County against Dr. John R. Erickson, Dr. Darroll Erickson, and the Sterling-Rock Falls Clinic, Ltd. (the Clinic). The complaint alleged medical malpractice and was filed the same day the applicable statute of limitations expired. On February 19,…