2020-L-001551 (Cook County, Illinois)
Brittney Frederick won a motion to dismiss on a case involving a work injury in the Circuit Court of Cook County. Plaintiff claimed that he and a coworker were packing a truck when the coworker threw a box weighing approximately 100 pounds to him from the loading dock. When Plaintiff caught the box, he suffered a bicep tear requiring surgical treatment. Plaintiff sued his employer as a result.
Brittney took on the defense of the employer and filed a 103B motion to dismiss alleging that the case was already past the statute of limitations, as twenty-six months had elapsed from the time the lawsuit was filed to the time of service upon her client (including a year in which the case was dismissed for want of prosecution). She argued that plaintiff’s failed attempts at service during this time represented a lack reasonable diligence in service on behalf of the plaintiff. In response, Plaintiff argued that the time frame was diligent in light of the Coronavirus pandemic which impacted plaintiff’s law firm’s ability to obtain service in this case. Brittney argued that the pandemic was no excuse as court systems, law firms, and businesses had all learned to adapt to the pandemic – Plaintiff’s law firm should have been no different. The Court agreed with Brittney and dismissed the case.
Plaintiff filed a motion to reconsider, believing the Court failed to adequately weigh the impact of the Covid pandemic when considering the original motion. The motion also brought forward new evidence that the insurance company was on notice of an impending lawsuit. Brittney argued that the Court did adequately take into account the Covid pandemic and that it was improper to bring up new evidence in a motion to reconsider that was not considered at the time of the original motion. The Court agreed, denying the motion to reconsider and again dismissing the case.
