Obtained a Dismissal in a Construction Negligence Action Arguing that the Appropriate Statute of Limitations to Sue a Governmental Entity for a Construction Accident is One Year

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Overview

Gerald Rohrer attained a dismissal in a construction negligence action arguing that the appropriate statute of limitations to sue a governmental entity for a construction accident is one year. After the plaintiff appealed, and without oral argument, the Appellate Court reversed the trial court. Upon the Supreme Court granting his Petition for Leave to Appeal, assembled an amicus curia committee which included the City of Chicago, Illinois Association of Defense Trial Counsel, and the Illinois Municipal League. Gerald briefed the matter and presented oral argument to the Supreme Court on January 21, 2004. The Supreme Court reversed the Appellate Court and affirmed the trial court on November 18, 2004 favorably resolving what had been a split in authority regarding the application of the one-year statute of limitations to governmental entities.

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