JONES v. BRILL

No. 81-1822.

97 Ill. App.3d 943 (1981)

423 N.E.2d 930

RICHARD JONES et al., Plaintiffs-Appellants, v. DR. NORMAN BRILL et al., Defendants-Appellees.

Appellate Court of Illinois — First District (4th Division).

Rehearing denied July 23, 1981.


Attorney(s) appearing for the Case

W. James Brown and William J. O'Connor, both of Chicago, for appellants.

McKenna, Storer, Rowe, White & Farrug and Baker & McKenzie, both of Chicago (John F. White, Robert S. Soderstrom, James P. DeNardo, Francis D. Morrissey, Norman J. Barry, Jr., and Terrence M. Johnson, of counsel), for appellees.


Reversed and remanded.

Mr. PRESIDING JUSTICE ROMITI delivered the opinion of the court:

The plaintiffs, Richard Jones and Delores Jones, husband and wife, appeal from the dismissal of their medical malpractice action as barred by the statute of limitations. We hold that where the alleged malpractice occurred in 1971 but was not discovered until 1979, an amendment effective in 1976 reducing the period in which suit could be filed from ten to four years is inapplicable...

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