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CUNNINGHAM v. HUFFMAN

No. 73263.

609 N.E.2d 321 (1993)

154 Ill.2d 398

182 Ill.Dec. 18

Lynn CUNNINGHAM, Appellee, v. Merrill HUFFMAN, et al., Appellants.

Supreme Court of Illinois.

Rehearing Denied March 29, 1993.

Attorney(s) appearing for the Case

Keith E. Emmons, Todd M. Tennant and Laura D. Clower, Dobbins, Fraker, Tennant, Joy & Perlstein, Champaign, for appellant Carle Clinic Ass'n.

Hinshaw & Culbertson (Stephen R. Swofford, of counsel), Chicago, for amicus curiae Illinois Ass'n of Trial Defense Counsel.

Marvin Kamensky, Michael B. Brohman, Marci A. Firfer and Lee Levin, Kamensky & Rubinstein, Lincolnwood, for amicus curiae Associated Physicians Ins. Co.

Scott D. Lane and Thomas P. Hartnett, Lane & Lane, Chicago, for amicus curiae Illinois Trial Lawyers Ass'n.

Phebus, Tummelson, Bryan and Knox, Urbana (Nancy J. Glidden and Joseph W. Phebus, of counsel), for appellee.

Justice HEIPLE delivered the opinion of the court:

The case before us today requires us to determine whether the Illinois medical malpractice statute of repose can countenance a judicially imposed exception in the form of the so-called continuous course of treatment doctrine. (Ill.Rev.Stat.1989, ch. 110, pars. 2-619(a)(5), 13-212.) That is to say, whether the Illinois four-year statute of repose is tolled until the date of last treatment when there is an ongoing patient...

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