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Wheaton v. Suwana1/11/2005
Illinois Constitution and beyond legislative interference." Sepmeyer, 162 Ill. 2d at 253, 642 N.E.2d at 1244. The court noted that it had uniformly held for more than 100 years that the legislature may not "breathe life into a time-barred claim." Sepmeyer, 162 Ill. 2d at 254, 642 N.E.2d at 1244. Additionally, the court noted that immunity from suit that arises from the expiration of a statute of limitation is a valuable substantive right. Sepmeyer, 162 Ill. 2d at 255, 642 N.E.2d at 1245 (relying on Board of Education of Normal School District v. Blodgett, 155 Ill. 441, 449, 40 N.E. 1025, 1027 (1895)). Finally, the court recognized that its decision produced a harsh result, but the court stated: "That is, however, the nature of statutes of limitation. * Our precedent has declared a vested defense based on the expiration of the statute of limitations to be protected by our due process clause and beyond legislative interference." Sepmeyer, 162 Ill. 2d at 256, 642 N.E.2d at 1245.
Based upon established precedent, we must conclude that Dr. Suwana maintains a vested right in the expiration of the statute of limitations and that, despite this statutory amendment, the Wheatons' claim is time-barred. We do not need to address Dr. Suwana's alternative argument regarding the second exception to the expanded limitations period.
III. CONCLUSION
For the foregoing reasons, the judgment of the circuit court of Union County is hereby affirmed.
Affirmed.
DONOVAN, P.J., and HOPKINS, J., concur.
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