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MORTON v. MADISON COUNTY NURSING HOME AUX.

No. 5-99-0509.

741 N.E.2d 658 (2000)

317 Ill. App.3d 561

251 Ill.Dec. 771

Richard MORTON, as Independent Administrator for the Estate of William R. Morton, Plaintiff-Appellant, v. MADISON COUNTY NURSING HOME AUXILIARY, Defendant (The County of Madison, Defendant-Appellee).

Appellate Court of Illinois, Fifth District.

December 15, 2000.

Attorney(s) appearing for the Case

Mark Levy, Levy, Levy & Stipes, P.C., Edwardsville; Roy C. Dripps, The Lakin Law Firm, Wood River, for Appellant.

Donald L. Smith, Hoagland, Fitzgerald, Smith & Pranaitis, Alton, for Appellee.

Justice WELCH delivered the opinion of the court:

Richard Morton (plaintiff), independent administrator for the estate of William R. Morton, the decedent, appeals from the dismissal of counts III and IV of his amended complaint. At issue is whether section 2-616(d) of the Code of Civil Procedure (Code) (735 ILCS 5/2-616(d) (West 1998)), comprising the "relation back" doctrine for the amendment of pleadings, requires that a summons must be served upon a subsequent...

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