January 23, 2009
PREFERRED PERSONNEL SERVICES, INC., )
Appeal from the
v. ) Circuit Court of
) Cook County.
MELTZER, PURTILL AND STELLE, LLC, )
and THOMAS R. PALMER, ) 04 L 4709
Defendants-Appellants, ) The Honorable
) Ronald F. Bartkowicz,
(Arthur J. Gallagher and Company, Inc., ) Judge Presiding.
JUSTICE TOOMIN delivered the opinion of the court:
This matter is before us on interlocutory appeal pursuant to the provisions of Supreme
Court Rule 308 (155 Ill. 2d R. 308) to consider three questions certified by the trial court.
Plaintiff, Preferred Personnel Services, Inc. (Preferred), brought the instant action against Arthur
J. Gallagher and Company (the Company) for failure to obtain workers’ compensation insurance,
and against Meltzer, Purtill and Stelle, LLC, and Thomas Palmer (malpractice defendants) for
failure to timely commence proceedings on behalf of Preferred against Gallagher. Gallagher
filed a motion to dismiss asserting that the complaint was time-barred under the statute of
limitations. The claims against Gallagher were dismissed and affirmed on appeal. However,