Interpretation of Section 13-217 of the Illinois Code of Civil Procedure
In Bryson v. News America Publications, Inc., 174 Ill. 2d 77, 106, 672 N.E.2d 1207, 220 Ill. Dec. 195 (1996) the original claim was timely filed within the statutory limitations period.
Section 13-217 was enacted "to facilitate the disposition of litigation upon the merits and to protect plaintiffs from losing a cause of action because of a technical default unrelated to the merits." Bryson, 174 Ill. 2d at 106-07.
The court held, where the initial action was timely filed, the plaintiff should not be penalized simply for exercising his absolute right to refile under section 13-217. Bryson, 174 Ill. 2d at 107.