Meusel v. Ballard

296 Ill. App. 3d 377
CourtAppellate Court of Illinois
DecidedApril 24, 1998
Docket2—97—0711, 2—97—0884 cons.
StatusPublished
Cited by1 cases

This text of 296 Ill. App. 3d 377 (Meusel v. Ballard) 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
Meusel v. Ballard, 296 Ill. App. 3d 377 (Ill. Ct. App. 1998).

Opinion

JUSTICE HOMER

delivered the opinion of the court:

Defendant Community General Hospital Medical Center (CGH) is a municipal corporation established under the pertinent provisions of the Illinois Municipal Code. 65 ILCS 5/11 — 22—1 et seq. (West 1996). In separate cases, plaintiffs Susan and Jeffrey Meusel and plaintiff Amelia Lanxon sued CGH and various others for medical malpractice. In both cases, the complaints were filed more than one year, but less than two years, after the accrual of their respective causes of action.

CGH moved for summary judgment in both cases, arguing that plaintiffs’ claims were barred by the running of the applicable statute of limitations, which it asserted was the one-year period set forth in the Local Governmental and Governmental Employees Tort Immunity Act (the Tort Immunity Act) (745 ILCS 10/8 — 101 (West 1996)). In response, plaintiffs argued that their suits were timely filed because the applicable statute of limitations was the two-year period governing medical malpractice cases set forth in section 13— 212(a) of the Code of Civil Procedure (the Code) (735 ILCS 5/13— 212(a) (West 1996)).

The same trial judge heard both motions and denied summary judgment, finding the two-year limitations period in section 13— 212(a) of the Code applicable. Thereafter, the trial judge granted CGH’s motions for interlocutory appeal and certified in essence the following question for review in each case: which statute of limitations applies when a municipal hospital is sued for medical malpractice, the one-year period set forth in section 8 — 101 of the Tort Immunity Act or the two-year period in section 13 — 212(a) of the Code?

This court granted interlocutory review in both cases pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308). Because of the identity of the issues presented, we have consolidated the cases on appeal.

The scope of a reviewing court’s examination in an interlocutory appeal is strictly limited to the question certified by the trial court. McMichael v. Michael Reese Health Plan Foundation, 259 Ill. App. 3d 113, 116, 631 N.E.2d 317, 320 (1994). As with all questions of law, this court conducts de novo review of the certified question. Roubik v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 285 Ill. App. 3d 217, 219, 674 N.E.2d 35, 36 (1996); Kincaid v. Smith, 252 Ill. App. 3d 618, 623, 625 N.E.2d 750, 754 (1993).

Section 13 — 212(a) of the Code provides in pertinent part:

“[N]o 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.” (Emphasis added.) 735 ILCS 5/13 — 212(a) (West 1996).

Section 8 — 101 of the Tort Immunity Act provides:

“No civil action may be commenced in any court against a local entity or any of its employees for any injury unless it is commenced within one year from the date that the injury was received or the cause of action accrued. For purposes of this Article, the term ‘civil action’ includes any action, whether based upon the common law or statutes or Constitution of this State.” (Emphasis added.) 745 ILCS 10/8 — 101 (West 1996).

The principal rule of statutory construction is to ascertain and give effect to the legislature’s intent, which is determined from the plain language of the statute itself. Hayes v. Mercy Hospital & Medical Center, 136 Ill. 2d 450, 455, 557 N.E.2d 873, 875 (1990). Courts should not depart from the plain meaning of a statute by reading into it exceptions, limitations or conditions that conflict with the express legislative intent. In re Chicago Flood Litigation, 176 Ill. 2d 179, 193, 680 N.E.2d 265, 272 (1997). When the plain language of more than one statute is relevant to a given action, courts must determine which statute is more specifically applicable to the case at hand. Zimmer v. Village of Willowbrook, 242 Ill. App. 3d 437, 442, 610 N.E.2d 709, 713 (1993). Where one of the statutory provisions is general, designed to apply to cases generally, and the other is particular, relating to only one subject, the particular provision must prevail. Cleaver v. Marrese, 253 Ill. App. 3d 778, 780, 625 N.E.2d 1129, 1131 (1993), citing Hernon v. E.W. Corrigan Construction Co., 149 Ill. 2d 190, 195, 595 N.E.2d 561, 563 (1992).

Applying these rules of statutory construction, two of our appellate districts have rendered opposite decisions when faced with the question of which of the two statutes applies when a ‘municipal hospital is sued for medical malpractice. Focusing on the nature of the claim being brought by the plaintiff, the Fifth District Appellate Court held, in Cleaver v. Marrese, 253 Ill. App. 3d 778, 625 N.E.2d 1129 (1993), that the two-year limitations period in section 13— 212(a) of the Code is more specifically applicable in such instances. In Tosado v. Miller, 293 Ill. App. 3d 544, 688 N.E.2d 774 (1997), however, the First District Appellate Court determined that the one-year limitation of section 8 — 101 of the Tort Immunity Act is the more specific provision because the legislature intended to protect a specific class of defendants, local public entities, under that provision.

After our careful review, we find the reasoning in Cleaver to be a more sound application of the aforementioned rules of statutory construction. As in Cleaver, most courts look primarily to the nature of the claim and the type of injury sustained by the plaintiff rather than the class of defendants when determining which of two conflicting statutes of limitation is more specifically applicable to a particular case. See Bertolis v. Community Unit School District No. 7, 283 Ill. App. 3d 874, 880, 671 N.E.2d 79

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Related

Lanxon v. Magnus
694 N.E.2d 610 (Appellate Court of Illinois, 1998)

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Bluebook (online)
296 Ill. App. 3d 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meusel-v-ballard-illappct-1998.