Docket No. 106546.
THE STATE OF ILLINOIS
JOHN DOE A., Appellee, v. DIOCESE OF DALLAS et al.,
Opinion filed September 24, 2009.
JUSTICE KARMEIER delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride,
and Garman concurred in the judgment and opinion.
Justice Burke took no part in the decision.
The issue in this case is whether section 13–202.2 of the Code of
Civil Procedure, as amended by Public Act 93–356 (735 ILCS
5/13–202.2 (West 2006)), may be applied to permit an action for
personal injury based on childhood sexual abuse to proceed where that
action would otherwise have been time-barred under the law as it
existed when the amendment took effect. The circuit court of St. Clair
County held that the amendment could not be applied to permit the
action to go forward and therefore granted a motion to dismiss the
plaintiff’s cause of action with prejudice under section 2–619(a)(5) of
the Code of Civil Procedure (735 ILCS 5/2–619(a)(5) (West 2006)).