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PEDERSON v. WEST

No. 1-89-2061.

562 N.E.2d 578 (1990)

205 Ill. App.3d 200

150 Ill.Dec. 48

Charlene PEDERSON and John Norton, Plaintiffs, v. James WEST and Yellow Cab Company, Defendants James West and Yellow Cab Company, Third-Party Plaintiffs-Appellants, v. Dr. Charles W. MERCIER, Third-Party Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

October 5, 1990.

Attorney(s) appearing for the Case

Allen L. Wiederer, Chicago, for appellants.

Wildman, Harrold, Allen & Dixon, of One IBM Plaza, Chicago (Ruth E. VanDemark, Donald R. McGarrah, Timothy W. Heath and Ellen Keefe-Garner, of counsel), for appellee.

Justice EGAN delivered the opinion of the court:

The issues in this case are whether an action for equitable apportionment is subject to the statute of limitations and repose applicable to medical malpractice claims (Ill.Rev.Stat.1987, ch. 110, par. 13-212(a)) and whether the defense of the statute of limitations and repose was itself timely raised in the trial court.

On November 20, 1981, Charlene Pederson (Pederson) and John Norton (Norton) were passengers...

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