Three years after the death of Kathryn Moon, the plaintiff, Randall Moon, who served as executor of his mother’s estate, filed a wrongful death and survival action lawsuit against the defendants, Dr. Clarissa Rhode and Central Illinois Radiological Associates Ltd. The defendants filed a motion to dismiss the plaintiff’s complaint stating that the complaint was filed untimely. The trial judge granted the defendants’ motion.
The plaintiff appealed arguing that the trial court was wrong in granting the defendants’ motion. The plaintiff contended that the discovery rule applied in that the statute of limitations did not begin to run until the date in which he knew or reasonably should have known of the defendants’ negligent conduct.
The decedent was Kathryn Moon, then 90, who was admitted to Proctor Hospital on May 18, 2009. Two days later, Dr. Jeffrey Williamson performed surgery on her. She remained in the hospital from May 20 to May 23, 2009 and then was seen by a different doctor from May 23 to May 28. She died on May 29, 2009.