Opinion

McArthur v. St. Mary's Hosp. of Decatur

  • 307 Ill. App. 3d 329
  • 240 Ill. Dec. 408
  • 717 N.E.2d 501
Court
Appellate Court of Illinois
Filed
Sep 3, 1999
Status
Published
Author
Cook
On the bench
Knecht, Cook
Cited by
17 cases
Authority
More cited than 9.6%

finding that the amended complaint related back to the timely filed original complaint because it directed attention to facts concerning the reading of sonograms and X-rays

How later courts described this case

  • finding that the amended complaint related back to the timely filed original complaint because it directed attention to facts concerning the reading of sonograms and X-rays
  • reviewing de novo whether the trial court properly granted summary judgment on the basis that the amended complaint did not relate back to the timely filed original complaint

Written by the judges who cited it.

The opinion

JUSTICE COOK, specially concurring:

I concur.

The right to amend does not depend on whether the cause of action is substantially similar to that set out in the original pleading; the true inquiry is whether plaintiff is “ ‘ “attempting to slip in an entirely distinct claim in violation of the spirit of the limitations act.” ’ ” Steinberg v. Dunseth, 276 Ill. App. 3d 1038, 1044 , 658 N.E.2d 1239, 1245 (1995), quoting Sompolski v. Miller, 239 Ill. App. 3d 1087, 1091 , 608 N.E.2d 54, 57 (1992), quoting Simmons, 32 Ill. 2d at 497, 207 N.E.2d at 444 (which in turn quotes O. McCaskill, Illinois Civil Practice Act Annot., at 126-27 (Supp. 1936)). There has been a shift in focus from the identity of the cause of action to the identity of the occurrence or transaction. Zeh, 111 Ill. 2d at 279, 489 N.E.2d at 1348. This transactional approach is also employed in the modern res judicata cases: assertions of different theories of relief arising out of a single group of operative facts will not avoid the bar of res judicata. River Park, Inc. v. City of Highland Park, 184 Ill. 2d 290, 309-11 , 703 N.E.2d 883, 892-93 (1998); cf. Yette, 263 Ill. App. 3d at 425-26, 635 N.E.2d at 1093-94 (amendment denied, where it would have changed theory from failure to remove ice to one of unnatural accumulation).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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