HPS Appellate Team Successfully Defends 2022 Dismissal Order

HPS Appellate Team Successfully Defends 2022 Dismissal Order

Chicago, IL
May 4, 2023

After two separate appeals, Hugh Griffin, Co-Chair of HPS’ Appellate Department, successfully defeated plaintiff’s attempt to avoid the effect of a second voluntary dismissal order by filing post-judgment petitions under 735 ILCS 5/2-1401. The underlying case was defended by HPS attorneys Hugh, Marilee Clausing and Matthew Kaminski. The case involved claims of negligent psychiatric care that exacerbated the decedent’s injuries and death resulting from liver cirrhosis.

In the first appeal, the Appellate Court held that plaintiff’s initial petition was ineffective due to failure to serve the defendants. In the second appeal, the Appellate Court held that a second petition was properly dismissed because of plaintiff’s lack of due diligence in filing the petition, and because after 30 days a trial court has no power or jurisdiction to vacate a voluntary dismissal order.

 Hugh explains that “the issue of whether a 2-1401 petition can be used to set aside a voluntary dismissal order was an issue of first impression that will provide a valuable precedent in future cases.”

Disclaimer: This publication is not intended to provide legal advice but to provide general information on legal matters. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Readers should seek specific legal and/or medical advice before taking any action with respect to matters mentioned in this publication. The attorney responsible for this publication is Hugh Griffin. This post constitutes a form of attorney advertising as defined by some state bar associations.