Heneghan v. Sekula

536 N.E.2d 963, 181 Ill. App. 3d 238, 129 Ill. Dec. 913, 1989 Ill. App. LEXIS 375
CourtAppellate Court of Illinois
DecidedMarch 27, 1989
Docket1-88-1469
StatusPublished
Cited by22 cases

This text of 536 N.E.2d 963 (Heneghan v. Sekula) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heneghan v. Sekula, 536 N.E.2d 963, 181 Ill. App. 3d 238, 129 Ill. Dec. 913, 1989 Ill. App. LEXIS 375 (Ill. Ct. App. 1989).

Opinion

JUSTICE O’CONNOR

delivered the opinion of the court:

This is an appeal from the dismissal of a contribution action as time barred by the medical malpractice statute of repose. (Ill. Rev. Stat. 1983, ch. 110, par. 13 — 212.) In addition to the named parties, briefs have been submitted by amicus curiae, the Illinois Trial Lawyers Association. We affirm.

On June 25, 1980, Catherine Heneghan and Maureen Jamieson filed a complaint against defendant and third-party plaintiff Kazimierz Sekula for the wrongful death of John Heneghan. On June 9, 1983, Catherine Heneghan filed a separate complaint against Northwest Hospital and four doctors, including Marvin H. Weiss and Steven E Delneky, alleging medical malpractice. On June 23, 1983, an order was entered dismissing the complaint against Sekula based upon a purported settlement.

On November 9, 1983, Catherine Heneghan’s suit against Dr. Delneky and Dr. Weiss was dismissed as untimely pursuant to the two-year statute of limitations contained in section 13 — 212 of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1983, ch. 110, par. 13— 212). On February 10, 1984, the plaintiffs in Heneghan v. Sekula moved to vacate the June 23, 1983, order dismissing that case. The trial court granted the motion to vacate.

On December 18, 1985, Sekula filed a third-party complaint asserting a right to contribution against Northwest Hospital, Dr. Delneky and Dr. Weiss. All three third-party defendants moved to dismiss on the basis that the medical malpractice statute of repose (Ill. Rev. Stat. 1983, ch. 110, par. 13 — 212) barred the action for contribution. The trial court granted the motions based on the medical malpractice statute of repose and Sekula now brings this appeal.

Sekula contends that the applicable statute of limitations for a third-party claim brought under the Contribution Act (Ill. Rev. Stat. 1985, ch. 70, par. 301 et seq.) is contained in section 13—204 of the Illinois Code of Civil Procedure (Ill. Rev. Stat. 1983, ch. 110, par. 13— 204), rather than section 13 — 212. At the time Sekula filed his third-party action, section 13 — 204 provided in relevant part:

“No action for contribution among joint tortfeasors shall be commenced with respect to any payment made in excess of a party’s pro rata share more than 2 years after the party seeking contribution has made such payment towards discharge of his or her liability.” Ill. Rev. Stat. 1983, ch. 110, par. 13 — 204.

Section 13 — 212 provided as follows:

“No action for damages for injury or death against any physician, dentist, registered nurse or hospital duly licensed under the laws of this State, whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought more than 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury or death for which damages are sought in the action, whichever of such date occurs first, but in no event shall such action be brought more than b years after the date on which occurred the act or omission or occurrence alleged in such action to have been the cause of such injury or death except as provided in Section 13—215 of this Act.” (Emphasis added.) Ill. Rev. Stat. 1985, ch. 110, par. 13 — 212.

Sekula contends that section 13—204 is a more specific statute than section 13 — 212 and therefore, pursuant to Sierra Club v. Kenney (1981), 88 Ill. 2d 110, 126, 429 N.E.2d 1214, it should prevail over section 13 — 212, which he asserts is a more general provision. He submits that the medical malpractice statute of repose contains only a general provision barring actions against doctors, dentists, nurses and hospitals and does not specifically bar actions for contribution. He further contends that if the Illinois legislature had intended the medical malpractice repose statute to apply to contribution actions, it would either have done so specifically or amended section 13 — 204 to so provide.

Sekula cites Natural Products Co. v. County of Du Page (1924), 314 Ill. 74, 80-81, 145 N.E. 298, in which the court noted that where a specific statute conflicts with a general one, the former is treated as an exception to the latter and controls. He argues that in the instant case, an action brought for contribution has a specific statutory time limitation and is therefore an exception to a general statute of limitations.

It is a well-established rule of statutory construction that a particularized statute should prevail over a more general statute dealing with the same subject. As noted by our supreme court in People ex rel. Myers v. Pennsylvania R.R. Co. (1960), 19 Ill. 2d 122, 166 N.E.2d 86:

“It is a settled rule of statutory construction that where there is found in a statute a particular enactment, it is held to be operative as against the general provisions on the same subject either in the same act or in the general laws relating thereto.” (19 Ill. 2d at 129.)

(Accord Sierra Club v. Kenney (1981), 88 Ill. 2d 110, 126, 429 N.E.2d 1214.) With respect to the instant case, we believe that section 13— 212 is more specific than section 13 — 204 of the Code of Civil Procedure and therefore section 13 — 212 applies to the malpractice claim here and bars the third-party action.

By its language, the contribution statute of limitations, section 13 — 204 of the Code, applies to a broad range of actions, including those arising from the operation of motor vehicles, the maintenance of premises, construction activities, product liability-type claims and actions against health care providers. The malpractice statute of repose, in contrast, applies only to actions against “any physician, dentist, registered nurse or hospital *** whether based upon tort, or breach of contract, or otherwise, arising out of patient care.” (Ill. Rev. Stat. 1985, ch. 110, par. 13 — 212.) It is clearly narrower and more specific than the contribution statute of limitations, which makes no distinction between actions against doctors and health care providers and actions against any other type of tort defendant.

Sekula raises the argument that even if section 13 — 212 is the applicable statute of limitations, the statute does not encompass claims for contribution and therefore cannot act as a bar. His position is that section 13 — 212 applies only to plaintiffs and related parties injured by the defendants but that it has no bearing on contribution actions.

It is a cardinal rule of statutory interpretation that when the terms of a statute are not specifically defined, the words must be given their ordinary and popularly understood meanings. (Niven v. Siqueira (1985), 109 Ill. 2d 357, 366, 487 N.E.2d 937.) Where the language and plain meaning of a statute are clear, a court is prohibited from restricting or enlarging that meaning. (Ehredt v. Forest Hospital, Inc. (1986), 142 Ill. App.

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Cite This Page — Counsel Stack

Bluebook (online)
536 N.E.2d 963, 181 Ill. App. 3d 238, 129 Ill. Dec. 913, 1989 Ill. App. LEXIS 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heneghan-v-sekula-illappct-1989.