Phillips v. Elrod

Plaintiff, appealing from the circuit court’s order dismissing her complaint as untimely filed, raises as issues whether: (1) section 24 of the Limitations Act (section 24) (Ill. Rev. Stat. 1981, ch. 83, par. 24a), currently section 13 — 217 of the Code of Civil Procedure (Ill. Rev. Stat. 1983, ch. 110, par. 13 — 217) applies to wrongful death actions; (2) the instant action is a proper refiling of an earlier action brought in State court; (3) defendants waived the defense of the statute of limitations; and (4) defendants are estopped from asserting the limitations defense.

On July 28, 1976,…