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Case Law Update: Personal Injury in Automobile Accident

Mills v. McDuffa, No. 2-08-0305 (7/21/09) determined that when plaintiff filed 735 ILCS 5/2-1401 petition for relief from judgment after his personal injury complaint for auto accident was dismissed for want of prosecution. Plaintiff failed to establish, as a matter of law; that he was entitled to such relief, and thus petition should not have been granted. Remanded for evidentiary hearing on Section 2-1401 petition due to questions of fact as to Plaintiff’s ability to understand impact of his previous attorney’s withdrawal from case. This Illinois case will have an effect on personal injury lawsuits.