Kincaid v. Smith

After the trial court denied defendant Jerald W. Smith’s (Smith’s) motion to dismiss the action against him pursuant to Supreme Court Rule 103(b) (134 Ill. 2d R. 103(b)), Smith applied to this court for leave to bring a permissive interlocutory appeal pursuant to Supreme Court Rule 308 (134 Ill. 2d R. 308). On December 4, 1992, the trial court certified a question for review and, on January 5, 1993, this court granted Smith leave to appeal. The facts of this case are as follows.

On February 26, 1990, plaintiff Shirley Kincaid (Kincaid) filed a complaint against Smith, Santos Cruz (Cruz) and…