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Case Law Update: Statute of Limitations in Personal Injury Cases

Gianni v. Kumho Tire U.S.A., Inc., No. 2-07-1065 (10-22-08) found that the trial court erred when it dismissed third party complaint for contribution in connection with products liability personal injury complaint for violation of limitations period of Section 13-204(b) of Code of Civil Procedure; because limitations period was tolled during mandatory stay of SCR 306(g) while case was on interlocutory appeal of denial of forum non conveniens motion. Further, third party plaintiff is not judicially estopped from asserting stay of Rule 306 by virtue of their appearance and filing of motions before trial court while the case was on appeal. This case will have an impact on statute of limitations in personal injury cases.