April 11, 2008
PAULL C. GOSSETT, and A.M.M. LTD.,
an Illinois Corporation,
Appeal from the
of Cook County.
No. 03 L 15528
Abishi C. Cunningham,
JUSTICE O'MALLEY delivered the opinion of the court:
Plaintiff Jill Caywood filed suit against defendants Paull
C. Gossett, D.D.S., and A.M.M. Ltd., alleging dental malpractice.
Defendants moved to dismiss plaintiff's complaint pursuant to
section 2-619(a)(5) of the Code of Civil Procedure (Code) (735
ILCS 5/2-619(a)(5) (West 2006)), arguing that plaintiff failed to
timely bring her suit within the two-year time period delineated
in section 13-212(a) of the Code. 735 ILCS 5/13-212(a) (West
2006). The circuit court found that plaintiff knew or should
have known that defendants committed malpractice more than two
years before filing her action and granted defendants' motion to
dismiss the complaint as untimely filed. For the reasons that
follow, we affirm the judgment of the circuit court.