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MORTON v. MADISON COUNTY NURSING HOME

No. 90796.

761 N.E.2d 145 (2001)

198 Ill.2d 183

260 Ill.Dec. 301

Richard MORTON, as Independent Adm'r for the Estate of William R. Morton, Appellant, v. MADISON COUNTY NURSING HOME AUXILIARY et al. (The County of Madison, Appellee).

Supreme Court of Illinois.

November 21, 2001.

Attorney(s) appearing for the Case

Mark Levy, of Levy, Levy & Stipes, P.C., Edwardsville, Roy C. Dripps and Gail Renshaw, of The Lakin Law Firm, Wood River, for appellant.

Donald L. Smith, of Hoagland, Fitzgerald, Smith & Pranaitis, Alton, for appellee.

Justice THOMAS delivered the opinion of the court:

The issue in this case is whether the plaintiff's amended complaint adding a new defendant relates back to his original complaint under section 2-616(d) of the Code of Civil Procedure (735 ILCS 5/2-616(d) (West 2000)).

BACKGROUND

William Morton was a resident of the Madison County Nursing Home. In 1998, William perished when he either fell or jumped from a third-story window of the nursing home....

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