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Panel Cites Error in Lifting Time Bar on Estate’s Injury Claim

Legal action against a nursing home in the Cook County village of Niles may proceed after appeals court judges in the First District said a panel of their peers had erred in interpretating a precedent-setting case. The executor for Barbara Mickiewicz appealed a lower court’s dismissal for untimely filing of a personal injury claim against the Glenbridge Nursing and Rehabilitation Centre after the disabled woman succumbed months later to injuries sustained from a spate of falls. That court cited the First District’s ruling in Giles v. Parks that places a two-year statute of limitations on filings by representatives.

However, the three-member panel saw it differently. They said judges in that case — in which the brother of a man who died a day after being hit by a truck missed the cut-off when he filed a claim exactly two years later —  had erred in determing that the clock begins ticking at the time of injury. In returning the case to Cook County Circuit Court, they said that the trial judge was not at fault for following the errant precedent.