Fraudulent Concealment Does Not Toll Statute of Limitations Where Plaintiff Has Time Within Statute to File Suit

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The First District held that the fraudulent concealment statute did not save an action barred by the two year statute of limitations.   Plaintiffs accused a lawyer of wrongfully entering into a settlement without authority and argued that the lawyer fraudulently concealed the fact that he had done so.  They argued that they had five years to bring their action under the fraudulent concealment statute.   The court held, however, that the five year concealment statute does not apply if a plaintiff has a reasonable time left within the original two year statute to bring its action.  In this case, the underlying court enforced the unauthorized settlement within months of it being made.   Therefore, plaintiffs had ample time to bring their action within the two year period and the five year period was inapplicable. 

Country Line Nurseries & Landscaping, Inc. v. Michael Collins, 2020 IL App (1st) 200615

 

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