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JAIN v. JOHNSON

No. 2-09-0080.

922 N.E.2d 1188 (2010)

Bhagwan Dass JAIN, Plaintiff-Appellant, v. Kenneth P. JOHNSON, Individually and d/b/a Johnson and Associates, and Robert Kirtland, Defendants-Appellees.

Appellate Court of Illinois, Second District.

January 20, 2010.

Attorney(s) appearing for the Case

Meagan McEwen, T. Paul S. Chawla, The Chawla Group, Ltd., Hinsdale, for Bhagwas Dass Jain.

Daniel F. Hanlon, William T. Belmonte, Marquardt & Belmonte, P.C., Wheaton, for Kenneth P. Johnson.

Justice SCHOSTOK delivered the opinion of the court:

This case presents the question of whether the Illinois saving statute (735 ILCS 5/13-217 (West 2008)), which permits the refiling of certain dismissed actions within one year, creates an exception to the statute of repose for legal malpractice actions (735 ILCS 5/13-214.3(c) (West 2008)). For the following reasons, we hold that it does.

On May 7, 2001, the plaintiff, Bhagwan Dass Jain, filed a legal malpractice...

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