Smith v. Kurtzman

Plaintiff, Brent L. Smith, appeals from the denial of his motion to vacate the dismissal of a fourth amended complaint and for leave to file a fifth amended complaint in an action arising from the defendant doctors’ alleged medical malpractice. The trial court dismissed the amended complaint as barred by the new four-year statute of limitations applicable to medical malpractice actions. (Ill. Rev. Stat. 1977, ch. 83, par. 22.1.) On appeal, plaintiff contends that the predecessor five-year limitations period is applicable; that the fourth amended complaint was timely filed under the so-called…