Supreme Court of Illinois

In a wrongful death action where one of plaintiff's counts was dismissed and plaintiff took a voluntary dismissal without prejudice on the remaining count, dismissal of plaintiff's re-filed complaint alleging one count of willful and wanton misconduct is affirmed where a plaintiff who splits his claims by voluntarily dismissing and re-filing an action after a final judgment has been entered in another part of the case subjects himself to a res judicata defense.

Appellate Information

• Decided 01/25/2008
• Published 01/25/2008

Judges

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Roy P. Amatore, Paul Luka, James H. Porn, Chicago (Richard A. Michael, of counsel), for appellants., James P. Costello, of Costello, McMahon & Burke, Ltd., Chicago, for amicus curiae Illinois Trial Lawyers Association.


• For Appellees:
  
• Mara S. Georges, Corporation Counsel, Chicago (Benna Ruth Solomon, Myriam Zreczny Kasper, Kerrie Maloney Laytin, of counsel), for appellees.