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Case Law Update: Statute of Limitations as applied to the Tort Immunity Act

Kaufmann v. Schroeder, No. 109738, is a case that presented a question as to whether a trial court had properly dismissed plaintiffs’ claims of negligent hiring, negligent supervision and negligent infliction of emotional distress arising out of allegations that doctor employed by defendant-municipal hospital committed unwanted sex act on plaintiff, where dismissal was based on expiration of one-year statute of limitations period found in section 8-101(a) of Tort Immunity Act. While plaintiff argued that applicable limitations period should have been two-year period found in section 8-101(b) of Tort Immunity Act, Appellate Court, in affirming dismissal, found that section 8-101(a) of Tort Immunity Act applied since doctor’s actions were unrelated to providing patient care, and plaintiff’s injuries otherwise did not result from her patient care. (Dissent filed.) This Illinois Supreme Court Ruling will have an effect on the tort immunity act.