TIMBERLAKE v. ILLINI HOSP.

No. 3-95-0401.

661 N.E.2d 1145 (1996)

277 Ill. App.3d 1041

214 Ill.Dec. 700

Barbara TIMBERLAKE, Plaintiff-Appellant, v. ILLINI HOSPITAL, an Illinois not-for-profit corporation, Defendant-Appellee.

Appellate Court of Illinois, Third District.

February 7, 1996.


Attorney(s) appearing for the Case

Richard J. Trinrud, argued, Jeffrey C. McDaniel, Anderson & Nelson, Rock Island, for Barbara Timberlake.

Douglas Olson, argued, McGehee, Boling, Whitmire, Olson & Pepping, Ltd., Silvis, for Illini Hospital.


Justice SLATER delivered the opinion of the court:

In this case we consider whether section 13-217 of the Code of Civil Procedure (the Code) (735 ILCS 5/13-217 (West 1994)) prohibits plaintiff from filing her lawsuit for the second time in an Illinois court after a federal district court declined to exercise jurisdiction over her state law claims and dismissed the case. We reluctantly conclude that section 13-217 bars plaintiff's claim.

On October 20, 1992...

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