Lichter v. Porter Carroll

Summary

The Illinois Supreme Court held that a plaintiff may seek appointment of a special representative under section 13-209(b)(2) even when she learned of the defendant's death after the limitations period expired, provided no estate or personal representative exists. The court further held that the motion must be made within two years of the original limitations deadline, and concluded that the plaintiff's motion was timely. It affirmed the appellate court, reversed the circuit court's dismissal, and remanded for reinstatement and further proceedings.