Evans v. Graber, Inc.

On motion of defendant Graber Construction Company, the circuit court of Moultrie County dismissed plaintiff’s amended complaint on the ground that it had not been made a party defendant within the period of limitations provided by law. From this order, plaintiff has appealed.

The question presented is whether plaintiff’s failure to join Graber Construction Company as a defendant within the statutory time period was inadvertent under section 2 — 616(d)(2) of the Code of Civil Procedure (Ill. Rev. Stat. 1981, ch. 110, par. 2 — 616(d)(2)), formerly section 46(4)(b) of the Civil Practice Act…