The plaintiffs, Brittany N. Hage and Joann M. Blackmore, appealed the dismissal of their Count VI of Hage’s Fourth Amended Complaint, which added Blackmore as a party plaintiff in the Hage cause of action. The suit was filed against the defendant, Trisha L. Pannkuk.
Because the allegations in Count VI did not arrive out of the same transaction or occurrence as Hage’s original complaint, Count VI was barred by the applicable statute of limitations. Accordingly, the Illinois Appellate Court for the Second District affirmed the dismissal of Count VI.
This incident arose out of the Feb. 1, 2011 13-vehicle crash that occurred on Route 72 in Ogle County, Ill. The weather conditions included snow on the roadway and blowing snow, which greatly reduced visibility. There were several other lawsuits that arose out of this incident.