Archer Daniels Midland Co. v. Ind. Com. - Supreme Court of Illinois

Archer Daniels Midland Co. v. Ind. Com.

By Supreme Court of Illinois

  • Release Date: 1982-06-01
  • Genre: Law
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Frank and Catherine Miller, the plaintiffs, filed a complaint in the circuit court of Cook County against Thomas Lockett and Locketts employer, Lee Way Motor Freight, Inc. (Lee Way), for personal injuries. The plaintiffs alleged that they were injured on March 2, 1980, in Knoxville, Tennessee, when their automobile collided with a vehicle that Lockett was driving for Lee Way. According to the pleadings, the plaintiffs are Illinois residents and Lee Way is an Oklahoma corporation registered to do business in Illinois. There was no service on Lockett, who, it appears, is not an Illinois resident. The circuit court dismissed the complaint with prejudice on the ground that the Limitations Act (Ill. Rev. Stat. 1979, ch. 83, pars. 1 through 12a and 13 through 27) made applicable a time limitation for suits contained in the Tennessee statute of limitations, which would bar the action. The plaintiffs appealed directly to this court under Rule 302(a)(1) (73 Ill. R. 302(a)(1)). While the trial court did not directly state that the section was unconstitutional it appears from its order and opinion that it regarded the residency provisions of section 20 of the Limitations Act Page 480 (Ill. Rev. Stat. 1979, ch. 83, par. 21) to be invalid. See Sommer v. Village of Glenview (1980), 79 Ill.2d 383, 385; Garcia v. Tully (1978), 72 Ill.2d 1, 7.

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