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HAILEY v. INTERSTATE MACHINERY CO.

No. 3-83-0407.

121 Ill. App.3d 237 (1984)

459 N.E.2d 346

PATRICK HAILEY, Plaintiff-Appellant, v. INTERSTATE MACHINERY COMPANY et al., Defendants-Appellees.

Appellate Court of Illinois — Third District.

Opinion filed January 19, 1984.

Attorney(s) appearing for the Case

Law Offices of Kurt A. Leinweber, Ltd., of Joliet, for appellant.

James R. Fabrizio, of Garrison, Fabrizio and Hanson, Ltd., of Joliet, for appellee Buffalo Forge Company.

Linda Unger, David L. Joslyn, and Peter V. Bustamante, all of Conklin & Adler, Ltd., of Chicago, for appellee Interstate Machinery Company.

Judgment affirmed.

JUSTICE SCOTT delivered the opinion of the court:

The issue raised by this appeal is whether the use of fictitious names in a complaint timely filed can toll the statute of limitations until the proper party can be identified and named as a defendant.

The plaintiff, Patrick Hailey, was injured at work while operating a sheet metal roller on May 6, 1980. Exactly two years later, on...

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