Lack of affidavit knocks case out of court

Greg Owen

Attorney

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Madison County Circuit Judge Dave Hylla dismissed with prejudice a wrongful death lawsuit because the plaintiff's attorney, Stephen Evans, failed to produce an affidavit of merit on time despite the fact that he had he had Hinnen's medical records in his possession for more than a year.

The Illinois Code of Civil Procedure requires that an affidavit of merit must be filed within 90 days of the suit being filed. It was argued by defense counsel, Hunsaker, that pursuant to section 2-622 of the Illinois Code of Civil Procedure that the case should be dismissed. The judge agreed.

Further information pertaining to wrongful death.