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07/23/2009
Illinois Appellate Court Upholds Dismissal of Firm Client

In Royse et al. v. Swissport (No. 1-08-1609), partners Mark Winters and Heather Erickson, and associate Patrick Ward, successfully argued that a dismissal of a personal injury claim filed after the running of the applicable statute of limitations should be affirmed by the appellate court. Plaintiff argued that he could "piggy back" on to a timely filed subrogation claim filed by his employer's insurance company, American International Recovery, which sought reimbursement of workers' compensation benefits paid. The court noted that the original complaint did not provide enough information to allow Swissport to prepare its defense to the subsequently asserted claim.