{ "id": 1725123, "name": "GWENDOLYN PORTWOOD et al., Plaintiffs-Appellants, v. FORD MOTOR COMPANY, Defendant-Appellee", "name_abbreviation": "Portwood v. Ford Motor Co.", "decision_date": "1997-09-08", "docket_number": "No. 1-96-1181", "first_page": "478", "last_page": "489", "citations": [ { "type": "official", "cite": "292 Ill. App. 3d 478" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "863 F.2d 508", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 10528314 ], "weight": 2, "year": 1988, "pin_cites": [ { "page": "511-12" } ], "opinion_index": 0, "case_paths": [ "/f2d/863/0508-01" ] }, { "cite": "608 N.E.2d 918", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 1993, "pin_cites": [ { "page": "920" } ], "opinion_index": 0 }, { "cite": "241 Ill. App. 3d 125", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2434120 ], "weight": 2, "year": 1993, "pin_cites": [ { "page": "128" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/241/0125-01" ] }, { "cite": "196 N.E.2d 389", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1964, "opinion_index": 0 }, { "cite": "46 Ill. App. 2d 253", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 5267388 ], "year": 1964, "opinion_index": 0, "case_paths": [ "/ill-app-2d/46/0253-01" ] }, { "cite": "203 N.E.2d 415", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1964, "opinion_index": 0 }, { "cite": "32 Ill. 2d 40", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2838480 ], "year": 1964, "opinion_index": 0, "case_paths": [ "/ill-2d/32/0040-01" ] }, { "cite": "472 N.E.2d 787", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1984, "pin_cites": [ { "page": "791", "parenthetical": "Ryan, J., concurring" } ], "opinion_index": 0 }, { "cite": "104 Ill. 2d 302", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3147125 ], "year": 1984, "pin_cites": [ { "page": "310-11", "parenthetical": "Ryan, J., concurring" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/104/0302-01" ] }, { "cite": "369 N.E.2d 90", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1977, "pin_cites": [ { "page": "94", "parenthetical": "interpreting section 24 (Ill. Rev. Stat. 1975, ch. 83, par. 24a), the predecessor to section 13 - 217" } ], "opinion_index": 0 }, { "cite": "53 Ill. App. 3d 862", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3390285 ], "year": 1977, "pin_cites": [ { "page": "867", "parenthetical": "interpreting section 24 (Ill. Rev. Stat. 1975, ch. 83, par. 24a), the predecessor to section 13 - 217" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/53/0862-01" ] }, { "cite": "659 N.E.2d 89", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 4, "year": 1995, "pin_cites": [ { "page": "93", "parenthetical": "Doutt II" }, { "page": "93" }, { "parenthetical": "Doutt II" }, { "page": "93" } ], "opinion_index": 0 }, { "cite": "276 Ill. App. 3d 785", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 927698 ], "weight": 4, "year": 1995, "pin_cites": [ { "page": "790", "parenthetical": "Doutt II" }, { "page": "790" }, { "parenthetical": "Doutt II" }, { "page": "790-91" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/276/0785-01" ] }, { "cite": "456 F.2d 79", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 738119 ], "year": 1972, "opinion_index": 0, "case_paths": [ "/f2d/456/0079-01" ] }, { "cite": "411 U.S. 475", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 9981 ], "weight": 3, "year": 1973, "pin_cites": [ { "page": "489-90" }, { "page": "450" }, { "page": "1836-37" } ], "opinion_index": 0, "case_paths": [ "/us/411/0475-01" ] }, { "cite": "759 F.2d 1293", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 388254 ], "year": 1985, "pin_cites": [ { "page": "1299" } ], "opinion_index": 0, "case_paths": [ "/f2d/759/1293-01" ] }, { "cite": "73 Ill. 2d 204", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5440986 ], "year": 1978, "opinion_index": 0, "case_paths": [ "/ill-2d/73/0204-01" ] }, { "cite": "91 Ill. 2d 1", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3092860 ], "year": 1982, "opinion_index": 0, "case_paths": [ "/ill-2d/91/0001-01" ] }, { "cite": "111 Ill. 2d 350", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3167435 ], "year": 1986, "pin_cites": [ { "page": "362-63" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/111/0350-01" ] }, { "cite": "609 N.E.2d 321", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 1993, "pin_cites": [ { "page": "325" } ], "opinion_index": 0 }, { "cite": "154 Ill. 2d 398", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 4820292 ], "weight": 2, "year": 1993, "pin_cites": [ { "page": "405" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/154/0398-01" ] }, { "cite": "445 N.E.2d 1174", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1983, "pin_cites": [ { "page": "1175" } ], "opinion_index": 0 }, { "cite": "94 Ill. 2d 138", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3106963 ], "year": 1983, "pin_cites": [ { "page": "141" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/94/0138-01" ] }, { "cite": "63 F.3d 621", "category": "reporters:federal", "reporter": "F.3d", "case_ids": [ 6470776, 7415204 ], "year": 1995, "pin_cites": [ { "page": "629", "parenthetical": "when forced to choose between specific statutory provisions and a general savings clause, a court should err on the side of the specific provision" } ], "opinion_index": 0, "case_paths": [ "/br/185/0621-01", "/f3d/63/0621-01" ] }, { "cite": "120 N.E.2d 15", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1954, "pin_cites": [ { "page": "31" } ], "opinion_index": 0 }, { "cite": "3 Ill. 2d 175", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2696160 ], "year": 1954, "pin_cites": [ { "page": "205" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/3/0175-01" ] }, { "cite": "595 N.E.2d 561", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 3, "year": 1992, "pin_cites": [ { "page": "563" }, { "page": "562" }, { "page": "562" } ], "opinion_index": 0 }, { "cite": "149 Ill. 2d 190", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5599792 ], "weight": 4, "year": 1992, "pin_cites": [ { "page": "195" }, { "page": "194" }, { "page": "194" }, { "page": "195" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/149/0190-01" ] }, { "cite": "Mich. Comp. Laws Ann. \u00a7 600.5856", "category": "laws:leg_statute", "reporter": "Mich. Comp. Laws Ann.", "year": 1987, "opinion_index": 0 }, { "cite": "177 N.W.2d 241", "category": "reporters:state_regional", "reporter": "N.W.2d", "year": 1970, "pin_cites": [ { "parenthetical": "interpreting predecessor to Mich. Comp. Laws Ann. \u00a7 600.5856 (West 1987)" } ], "opinion_index": 0 }, { "cite": "22 Mich. App. 213", "category": "reporters:state", "reporter": "Mich. App.", "case_ids": [ 2074097 ], "year": 1970, "pin_cites": [ { "parenthetical": "interpreting predecessor to Mich. Comp. Laws Ann. \u00a7 600.5856 (West 1987)" } ], "opinion_index": 0, "case_paths": [ "/mich-app/22/0213-01" ] }, { "cite": "384 N.W.2d 165", "category": "reporters:state_regional", "reporter": "N.W.2d", "weight": 2, "year": 1986, "pin_cites": [ { "page": "168" } ], "opinion_index": 0 }, { "cite": "148 Mich. App. 364", "category": "reporters:state", "reporter": "Mich. App.", "case_ids": [ 2256144 ], "weight": 2, "year": 1986, "pin_cites": [ { "page": "369-70" } ], "opinion_index": 0, "case_paths": [ "/mich-app/148/0364-01" ] }, { "cite": "803 F. Supp. 149", "category": "reporters:federal", "reporter": "F. Supp.", "case_ids": [ 3768462 ], "weight": 2, "year": 1992, "pin_cites": [ { "page": "155", "parenthetical": "plaintiffs were members of an original class action in Minnesota, but filed subsequent individual actions in federal court under Illinois law" } ], "opinion_index": 0, "case_paths": [ "/f-supp/803/0149-01" ] }, { "cite": "566 A.2d 47", "category": "reporters:state_regional", "reporter": "A.2d", "case_ids": [ 7345766 ], "year": 1989, "opinion_index": 0, "case_paths": [ "/a2d/566/0047-01" ] }, { "cite": "624 A.2d 1210", "category": "reporters:state_regional", "reporter": "A.2d", "case_ids": [ 7368106, 7368239 ], "weight": 2, "year": 1993, "pin_cites": [ { "page": "1213" } ], "opinion_index": 0, "case_paths": [ "/a2d/624/1210-01", "/a2d/624/1210-02" ] }, { "cite": "387 N.E.2d 831", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1979, "pin_cites": [ { "page": "845" } ], "opinion_index": 0 }, { "cite": "70 Ill. App. 3d 59", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5579450 ], "year": 1979, "pin_cites": [ { "page": "75" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/70/0059-01" ] }, { "cite": "377 N.E.2d 813", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1978, "pin_cites": [ { "parenthetical": "if the named plaintiff has no individual cause of action, any attempted class action also fails" } ], "opinion_index": 0 }, { "cite": "72 Ill. 2d 44", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5442715 ], "year": 1978, "pin_cites": [ { "parenthetical": "if the named plaintiff has no individual cause of action, any attempted class action also fails" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/72/0044-01" ] }, { "cite": "835 F.2d 213", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 10544489 ], "year": 1987, "opinion_index": 0, "case_paths": [ "/f2d/835/0213-01" ] }, { "cite": "827 F.2d 874", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 1753993 ], "year": 1987, "opinion_index": 0, "case_paths": [ "/f2d/827/0874-01" ] }, { "cite": "629 N.E.2d 520", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1993, "pin_cites": [ { "parenthetical": "discussing American Pipe, Crown, Cork & Seal, and Steinberg" } ], "opinion_index": 0 }, { "cite": "255 Ill. App. 3d 790", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2990556 ], "year": 1993, "pin_cites": [ { "parenthetical": "discussing American Pipe, Crown, Cork & Seal, and Steinberg" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/255/0790-01" ] }, { "cite": "354 N.E.2d 586", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1976, "opinion_index": 0 }, { "cite": "41 Ill. App. 3d 804", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2491825 ], "year": 1976, "opinion_index": 0, "case_paths": [ "/ill-app-3d/41/0804-01" ] }, { "cite": "371 N.E.2d 634", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1977, "pin_cites": [ { "page": "645" } ], "opinion_index": 0 }, { "cite": "69 Ill. 2d 320", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5455758 ], "year": 1977, "pin_cites": [ { "page": "342" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/69/0320-01" ] }, { "cite": "462 U.S. 345", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6188175 ], "weight": 6, "year": 1983, "pin_cites": [ { "page": "354" }, { "page": "636" }, { "page": "2397-98" } ], "opinion_index": 0, "case_paths": [ "/us/462/0345-01" ] }, { "cite": "414 U.S. 538", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 11716351 ], "weight": 6, "year": 1974, "pin_cites": [ { "page": "553-54" }, { "page": "726-27" }, { "page": "766" } ], "opinion_index": 0, "case_paths": [ "/us/414/0538-01" ] }, { "cite": "272 Ill. App. 3d 1115", "category": "reporters:state", "reporter": "Ill. App. 3d", "year": 1995, "pin_cites": [ { "parenthetical": "unpublished order under Supreme Court Rule 23" } ], "opinion_index": 0 }, { "cite": "945 F.2d 1188", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 3494008, 10528076 ], "year": 1991, "opinion_index": 0, "case_paths": [ "/us-app-dc/292/0032-01", "/f2d/945/1188-01" ] }, { "cite": "28 U.S.C. \u00a7 1332", "category": "laws:leg_statute", "reporter": "U.S.C.", "year": 1981, "opinion_index": 0 }, { "cite": "15 U.S.C. \u00a7 2301", "category": "laws:leg_statute", "reporter": "U.S.C.", "year": 1981, "pin_cites": [ { "page": "et seq." } ], "opinion_index": 0 }, { "cite": "130 F.R.D. 514", "category": "reporters:specialty", "reporter": "F.R.D.", "case_ids": [ 7856182 ], "weight": 2, "year": 1990, "pin_cites": [ { "parenthetical": "denying plaintiffs' motion to reconsider" } ], "opinion_index": 0, "case_paths": [ "/frd/130/0514-01" ] }, { "cite": "130 F.R.D. 260", "category": "reporters:specialty", "reporter": "F.R.D.", "case_ids": [ 7855776 ], "year": 1990, "pin_cites": [ { "page": "277" } ], "opinion_index": 0, "case_paths": [ "/frd/130/0260-01" ] } ], "analysis": { "cardinality": 1203, "char_count": 28993, "ocr_confidence": 0.767, "pagerank": { "raw": 9.941116588303758e-08, "percentile": 0.5366339890858501 }, "sha256": "19f6d3689b6a879e733befc1e34edd652c3d1a2716d1df8b6d1ded3f2ae09a61", "simhash": "1:aa2e72c557142c92", "word_count": 4749 }, "last_updated": "2023-07-14T14:39:42.526448+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "GWENDOLYN PORTWOOD et al., Plaintiffs-Appellants, v. FORD MOTOR COMPANY, Defendant-Appellee." ], "opinions": [ { "text": "JUSTICE GALLAGHER\ndelivered the opinion of the court:\nThis appeal represents the latest chapter in a litigation odyssey, Homeric in both size and duration, that spans two decades. The most recent class action complaint sought relief for 52 named plaintiffs\u2014 owners of certain Ford automobiles \u2014 and all others similarly situated throughout the nation, against defendant Ford Motor Company for damages and injuries caused by certain allegedly defective vehicles it manufactured during the 1976-79 model years. Plaintiffs appeal the trial court\u2019s dismissal of the complaint as time-barred, and we affirm.\nBACKGROUND\nPlaintiffs have filed five proposed nationwide class actions related to these allegedly defective vehicles in four distinct jurisdictions. Each action alleged that the vehicles would suddenly jump out of park \u2014 that is, shift from park to reverse \u2014 while left unattended. These \"park to reverse\u201d incidents resulted in the injuries and property damage for which plaintiffs have sought recovery. The proposed class actions are as follows: (1) Walsh v. Ford Motor Co., No. 81\u2014 1998 (D.D.C., August 21, 1981); (2) Thoubboron v. Ford Motor Co., No. 91 \u2014 CA\u201401642 (D.C. Super. Ct., February 6, 1991); (3) Doutt v. Ford Motor Co., No. 212 (Pa. C. P. Phila. Co., April 1, 1991) (Doutt I); (4) Portwood v. Ford Motor Co., No. 91 CH 4442 (Ill. Cir. Ct. Cook Co., May 14, 1991), the present case before this court; and (5) Doutt v. Ford Motor Co., No. 94 CH 3999 (Ill. Cir. Ct. Cook. Co., May 3, 1994) (Doutt II) .\nThe only previous action directly relevant to our disposition of this case is Walsh v. Ford Motor Co. On March 26, 1990 \u2014 after nearly nine years of litigation \u2014 the United States District Court for the District of Columbia ultimately denied plaintiffs\u2019 motion for recertification as a class, due to the unmanageability of the case as a class action. Walsh v. Ford Motor Co., 130 F.R.D. 260, 277 (D.D.C. 1990); see also Walsh v. Ford Motor Co., 130 F.R.D. 514 (D.D.C. 1990) (denying plaintiffs\u2019 motion to reconsider). The court also dismissed the plaintiffs\u2019 individual claims, noting that said claims failed to satisfy the jurisdictional requirements of either the Magnuson-Moss Warranty Act (15 U.S.C. \u00a7 2301 et seq. (1981)) or federal diversity jurisdiction (28 U.S.C. \u00a7 1332 (1981)). Walsh, 130 F.R.D. at 277. Plaintiffs filed a motion to reconsider the dismissal of their individual claims, arguing that a multiparty action might be maintained under Magnuson-Moss and the joinder provision of Rule 20 of the Federal Rules of Civil Procedure. Walsh v. Ford Motor Co., 130 F.R.D. 514 (D.D.C. 1990). The trial court disagreed and denied plaintiffs\u2019 motion on May 14, 1990. 130 F.R.D. at 516. In October 1991, the United States Court of Appeals for the D.C. Circuit dismissed plaintiffs\u2019 appeal on jurisdictional grounds. Walsh v. Ford Motor Co., 945 F.2d 1188 (D.C. Cir. 1991).\nPlaintiffs filed the present action, Portwood v. Ford Motor Co., on May 14, 1991, precisely one year after their motion for reconsideration was denied in Walsh. The complaint named 52 plaintiffs \u2014 47 of whom had been named in the earlier Walsh case. Plaintiffs styled their complaint as a two-count action for breach of warranty. Early on, the trial court stayed Portwood because of the pending actions in other jurisdictions, but that stay was reversed on a previous appeal to this court. Portwood v. Ford Motor Co., 272 Ill. App. 3d 1115 (1995) (unpublished order under Supreme Court Rule 23). Eventually, plaintiffs voluntarily dismissed their complaints in the other jurisdictions, leaving Illinois as the sole forum in which their claims remained pending. Finally, on March 6, 1996, the trial court dismissed the Portwood complaint as time-barred.\nWhen it dismissed the complaint, the trial court noted that both sides agreed that the applicable statute of limitations was found in section 2 \u2014 725 of the Uniform Commercial Code \u2014 Sales (UCC) (Ill. Rev. Stat. 1991, ch. 26, par. 2 \u2014 725 (now 810 ILCS 5/2 \u2014 725 (West 1996))). That statute provides that any breach of warranty action must be brought within four years of the delivery of the goods at issue. The trial court, recognizing both that plaintiffs filed this suit in 1991 and that the vehicles in question were manufactured and sold in and around model years 1976-79, held that plaintiffs\u2019 breach of warranty action \"[ojbviously\u201d did not fall within the necessary four-year period and was therefore untimely. Plaintiffs argued (1) that the limitations period under section 2 \u2014 725 was tolled, or suspended, from the date they filed Walsh (August 21, 1981) until the date the district court dismissed the case in 1990 (citing American Pipe & Construction Co. v. Utah, 414 U.S. 538, 38 L. Ed. 2d 713, 94 S. Ct. 756 (1974), and Crown, Cork & Seal Co. v. Parker, 462 U.S. 345, 76 L. Ed. 2d 628, 103 S. Ct. 2392 (1983)); and (2) that the limitations period was extended an additional year by operation of section 13 \u2014 217 of the Code of Civil Procedure (Ill. Rev. Stat. 1991, ch. 110, par. 13 \u2014 217 (now 735 ILCS 5/13 \u2014 217 (West 1996))), the Illinois saving statute. Accordingly, plaintiffs\u2019 theory made their May 14, 1991, filing of Portwood a timely one. The trial court, however, rejected plaintiffs\u2019 arguments, and we affirm the trial court\u2019s decision.\nOPINION\nThe present appeal presents two issues before this court: (1) whether American Pipe\u2019s tolling doctrine applies to toll the Illinois statute of limitations even where a class action is filed in a foreign jurisdiction, and (2) if tolling does not apply, then which saving provision best applies to plaintiffs\u2019 claims? We consider each issue in turn.\nI\nThe initial question we must decide is whether the class action tolling doctrine, as laid out in the United States Supreme Court\u2019s decision in American Pipe and expanded in Crown, Cork & Seal, applies to toll the limitation's period in a jurisdiction different from the one in which the original class action is filed. American Pipe held that the filing of a federal class action tolls the statute of limitations as to all asserted members of a class who make timely motions to intervene after a court denies class certification. American Pipe, 414 U.S. at 553-54, 38 L. Ed. 2d at 726-27, 94 S. Ct. at 766. Later, the Court expanded this doctrine, ruling that a class action suspends the limitations period as to asserted members of the class whether they choose to intervene or file separate, individual actions following the denial of class certification. Crown, Cork & Seal, 462 U.S. at 354, 76 L. Ed. 2d at 636, 103 S. Ct. at 2397-98. Plaintiffs correctly point out that the Illinois Supreme Court adopted the American Pipe tolling doctrine for Illinois class actions, albeit without discussion. Steinberg v. Chicago Medical School, 69 Ill. 2d 320, 342, 371 N.E.2d 634, 645 (1977), rev\u2019g in part 41 Ill. App. 3d 804, 354 N.E.2d 586 (1976); see also Hess v. I.R.E. Real Estate Income Fund, Ltd., 255 Ill. App. 3d 790, 629 N.E.2d 520 (1993) (discussing American Pipe, Crown, Cork & Seal, and Steinberg). Defendant argues that neither the United States Supreme Court nor the Illinois Supreme Court has yet spoken on the issue of cross-jurisdictional tolling, and we agree. Both American Pipe and Crown, Cork & Seal dealt with cases in which the plaintiffs filed their class and individual claims in federal court and, as noted above, our supreme court in Steinberg adopted American Pipe\u2019s tolling doctrine without discussion. Accordingly, we find this to be a case of first impression in Illinois.\n\"When it considered the viability of plaintiffs\u2019 complaint, the trial court analyzed the class claims raised by the plaintiffs and each of the individual claims of the 52 named plaintiffs. In dismissing plaintiffs\u2019 class claims, the trial court relied upon the reasoning of Korwek v. Hunt, 827 F.2d 874 (2d Cir. 1987), and Robbin v. Fluor Corp., 835 F.2d 213 (9th Cir. 1987). These cases, among others, rejected the proposition that the tolling doctrines laid out in American Pipe and Crown, Cork & Seal should be extended to class members who file subsequent class actions. Although we agree with the trial court\u2019s interpretation of Korwek and Robbin, we need not decide this issue regarding plaintiffs\u2019 class claims. Because we hold that cross-jurisdictional tolling does not apply to save plaintiffs\u2019 individual claims, their class claims must also fail. Landesman v. General Motors Corp., 72 Ill. 2d 44, 377 N.E.2d 813 (1978) (if the named plaintiff has no individual cause of action, any attempted class action also fails).\nIn general, Illinois courts have resisted the notion that the commencement of suit tolls the relevant statute of limitations during the period that suit is pending. Baird & Warner, Inc. v. Addison Industrial Park, Inc., 70 Ill. App. 3d 59, 75, 387 N.E.2d 831, 845 (1979). The Illinois saving statute expressly anticipates that a limitations period may expire during the pendency of a prior suit, as it allows for a plaintiff to refile \"whether or not the time limitation for bringing such action expires during the pendency of such [prior] action.\u201d Ill. Rev. Stat. 1991, ch. 110, par. 13 \u2014 217. We endorse the view adopted by the District of Columbia Court of Appeals in the related case of Thoubboron v. Ford Motor Co., 624 A.2d 1210 (D.C. 1993), in which many of the same plaintiffs filed a near-identical complaint against the same defendant. That court stated its unwillingness to establish \u2014 \"by judicial fiat\u201d \u2014 a tolling exception that emasculated the legislatively enacted statute of limitations. Thoubboron, 624 A.2d at 1213, citing Bond v. Serano, 566 A.2d 47 (D.C. 1989). Although our supreme court adopted the tolling doctrine of American Pipe in Stein-berg, we decline to further extend that doctrine to the case at hand. We hold, therefore, that a class action filed in a foreign judicial system does not operate to toll the duly enacted limitations period in Illinois.\nWe believe our decision today best serves the interests of a just and efficient legal system in Illinois. As defendant points out in its brief, the Portwood complaint alleges that fraudulent concealment on defendant\u2019s part tolled the UCC\u2019s four-year limitations period until August 1981, when plaintiffs filed the Walsh action. If American Pipe here applied as plaintiffs argue, the doctrine would have tolled the limitations period throughout the entire life of the Walsh action; thus, Portwood would have been timely up to four years after Walsh\u2019s dismissal (that is, until May 1994) \u2014 some 15 years after defendant delivered the last of the allegedly defective vehicles. This theory would establish the Illinois judiciary as a clearinghouse for stale class actions from any of the 50 states, wherein classes that died in other jurisdictions might breathe again in Illinois courts and at Illinois\u2019 expense. We cannot read Steinberg as mandating this court to ignore the legislature\u2019s manifest intent to set the statute of limitations for warranty actions at four years.\nMoreover, we are not persuaded by the authorities plaintiffs cite in favor of cross-jurisdictional tolling. In Ganousis v. E.I. duPont de Nemours & Co., 803 F. Supp. 149 (N.D. Ill. 1992), the district court explicitly declined to rule on whether cross-jurisdictional tolling applied, \"because even giving plaintiffs the benefit of the American Pipe-Crown, Cork & Seal rule, they lose.\u201d 803 F. Supp. at 155 (plaintiffs were members of an original class action in Minnesota, but filed subsequent individual actions in federal court under Illinois law). In Lee v. Grand Rapids Board of Education, 148 Mich. App. 364, 384 N.W.2d 165 (1986), the court held that a federal district court action tolled the statute of limitations in a subsequently filed state action. 148 Mich. App. at 369-70, 384 N.W.2d at 168. However, the Michigan court relied upon a previous ruling in which it interpreted Michigan\u2019s tolling statute (Ralph Schrader, Inc. v. Ecclestone Chemical Co., 22 Mich. App. 213, 177 N.W.2d 241 (1970) (interpreting predecessor to Mich. Comp. Laws Ann. \u00a7 600.5856 (West 1987)); Illinois law contains no such tolling statute. As for the other cases cited by plaintiffs, we find them to be either factually inapposite or nonbinding upon this court.\nII\nBecause we hold that cross-jurisdictional tolling does not apply here, we must now determine which of two conflicting saving provisions best applies to plaintiffs\u2019 claims \u2014 the one contained in the Code of Civil Procedure (Ill. Rev. Stat. 1991, ch. 110, par. 13 \u2014 217) or that provision included in the Uniform Commercial Code section setting out the statute of limitations in contracts of sale (Ill. Rev. Stat. 1991, ch. 26, par. 2 \u2014 725(3)). Since no cross-jurisdictional tolling operated to suspend the running of the four-year statute of limitations, plaintiffs\u2019 action remains viable only if they filed their Port-wood complaint within the time period allotted by the applicable saving provision. If the six-month provision of section 2 \u2014 725(3) of the UCC applies, plaintiffs\u2019 claims are time-barred; if the one-year provision of section 13 \u2014 217 of the Code of Civil Procedure applies, then plaintiffs\u2019 claims may not be time-barred. Because we find the saving provision of the UCC to be the more applicable provision, we hold that the trial court properly found plaintiffs\u2019 claims to be time-barred.\nSection 2 \u2014 725(3) governs plaintiffs\u2019 cause of action because that section specifically deals with warranty actions upon contracts for sale. \" TWjhere there are two statutory provisions, one of which is general and designed to apply to cases generally, and the other is particular and relates to only one subject, the particular provision must prevail.\u2019 \u201d Hernon v. E.W. Corrigan Construction Co., 149 Ill. 2d 190, 195, 595 N.E.2d 561, 563 (1992), quoting Bowes v. City of Chicago, 3 Ill. 2d 175, 205, 120 N.E.2d 15, 31 (1954); see also In re Lifschultz Fast Freight Corp., 63 F.3d 621, 629 (7th Cir. 1995) (when forced to choose between specific statutory provisions and a general savings clause, a court should err on the side of the specific provision). We premise our conclusion that section 2 \u2014 725(3) is the more specific provision upon our view of the legislature\u2019s intent in passing both sections 2 \u2014 725(3) and 13 \u2014 217.\nAs the Illinois Supreme Court has stated on several occasions, \" '[t]he cardinal rule of statutory construction, to which all other canons and rules are subordinate, is to ascertain and give effect to the true intent and meaning of the legislature.\u2019 \u201d Hernon, 149 Ill. 2d at 194, 595 N.E.2d at 562, quoting People v. Boykin, 94 Ill. 2d 138, 141, 445 N.E.2d 1174, 1175 (1983); Cunningham v. Huffman, 154 Ill. 2d 398, 609 N.E.2d 321 (1993). The first step in determining legislative intent requires a court to examine the statutory language. Hernon, 149 Ill. 2d at 194, 595 N.E.2d at 562; Cunningham, 154 Ill. 2d at 405, 609 N.E.2d at 325. Section 13 \u2014 217 (the one-year saving provision) applies to all \"actions specified in Article XIII of [the Code of Civil Procedure] or any other act or contract where the time for commencing an action is limited.\u201d (Emphasis added.) Ill. Rev. Stat. 1991, ch. 110, par. 13 \u2014 217. Thus, the plain language of section 13 \u2014 217 indicates that it is a general, catch-all saving provision; it applies to real estate actions, personal injury actions, or \"any other\u201d action that might be subject to a limitations period. Indeed, it would apply to warranty actions in the absence of a more specific provision. The one-year saving period of section 13 \u2014 217 applies where, as here, an action is dismissed by a United States District Court for lack of jurisdiction. However, section 13 \u2014 217 also applies in any of the following instances: (1) a judgment in a plaintiff\u2019s favor is reversed on appeal; (2) a verdict is in a plaintiff\u2019s favor but, upon motion in arrest of judgment, judgment is entered against plaintiff; (3) an action is voluntarily dismissed by the plaintiff; or (4) an action is dismissed for want of prosecution. Ill. Rev. Stat. 1991, ch. 110, par. 13 \u2014 217.\nIn contrast, subparagraph (3) of section 2 \u2014 725 (the six-month saving provision) specifically limits its application only to those actions authorized by subparagraph (1) of that section \u2014 actions for breach of a contract of sale (including actions for breach of warranty). Ill. Rev. Stat. 1991, ch. 26, par. 2 \u2014 725(3). Moreover, the six-month saving provision itself is limited: it applies where an action \"is so terminated as to leave available a remedy by another action for the same breach *** unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.\u201d Ill. Rev. Stat. 1991, ch. 26, par. 2 \u2014 725(3). It appears, then, that section 2 \u2014 725 not only applies to a narrower subject area than section 13 \u2014 217, but it also applies in even fewer circumstances within that subject area.\nOur reading of section 2 \u2014 725(3) gives effect to the purpose of this provision of the Uniform Commercial Code. As indicated by the official comment to UCC section 2 \u2014 725, the provision was designed \"[t]o introduce a uniform statute of limitations for sales contracts, thus eliminating the jurisdictional variations and providing needed relief for concerns doing business on a nationwide scale.\u201d 810 ILCS Ann. 5/2 \u2014 725, Uniform Commercial Code Comment (1993). If we hold that the one-year saving statute of the Code of Civil Procedure trumps the six-month saving provision of UCC section 2 \u2014 725, then we resurrect the uncertainty and jurisdictional vagaries that the UCC eliminated by tolerating different grace periods under each jurisdiction\u2019s saving statute.\nWe also reject plaintiffs\u2019 argument that section 13 \u2014 217 constitutes a \"specific exception to the broader provision of UCC \u00a7 2 \u2014 725(3)\u201d (emphasis in original). Initially, we note that the language of the statute does not support plaintiffs\u2019 interpretation. Furthermore, the proposed \"specific exception\u201d engulfs the rule. As noted above, section 13 \u2014 217 would apply in this case in the absence of a more specific provision. Should this court hold that section 13 \u2014 217 applies to this case despite the existence of a narrower provision, we would render that narrower provision absurd, pointless and void. In Illinois, it is a well-established rule of statutory construction that courts shall avoid any construction that renders a statute meaningless or void. Hernon, 149 Ill. 2d at 195, citing Harris v. Manor Healthcare Corp., 111 Ill. 2d 350, 362-63 (1986), People v. Tarlton, 91 Ill. 2d 1 (1982), and People v. Lutz, 73 Ill. 2d 204 (1978). Because we presume the legislature did not intend to adopt a meaningless provision, we cannot accept plaintiffs\u2019 position.\nPlaintiffs point out that the General Assembly amended section 13 \u2014 217 to include dismissals from a United States District Court for lack of jurisdiction in 1980, long after it adopted the UCC in the early 1960s; consequently, plaintiffs argue, section 13 \u2014 217 should control over UCC section 2 \u2014 725(3). This argument fails to recognize another fundamental axiom of statutory construction: \"a more specific statute will be given precedence over a more general one, regardless of their temporal sequence.\u201d United States v. Olinger, 759 F.2d 1293, 1299 (7th Cir. 1985), citing Prieser v. Rodriguez, 411 U.S. 475, 489-90, 36 L. Ed. 2d 439, 450, 93 S. Ct. 1827, 1836-37 (1973), rev\u2019g Rodriguez v. McGinnis, 456 F.2d 79 (2d Cir. 1972).\nFinally, plaintiffs\u2019 interpretation of section 13 \u2014 217 facilitates forum shopping, a result that the legislature could not have intended. This epic litigation has crept ever westward in the hope of finding a hospitable forum. The history of this case indicates that plaintiffs have filed two virtually identical complaints (Thoubboron and Doutt 2) in two other jurisdictions prior to the filing of their complaint in this matter; then, subsequent to the Portwood complaint, plaintiffs filed yet another complaint in this jurisdiction (Doutt II). In Doutt II, plaintiffs\u2019 counsel admitted that he expected the Pennsylvania court to find Doutt I time-barred; as a result, plaintiffs sought to litigate in Illinois. Doutt v. Ford Motor Company, 276 Ill. App. 3d 785, 790, 659 N.E.2d 89, 93 (1995) (Doutt II). The trial court described plaintiffs\u2019 tactics as an obvious case of forum shopping. Doutt II, 276 Ill. App. 3d at 790, 659 N.E.2d at 93. We agree with that characterization. Section 13 \u2014 217 should not be used as a tool to circumvent the statute of limitations, as that result would frustrate the legislature\u2019s intent in establishing a limitations period. White v. Tucker, 53 Ill. App. 3d 862, 867, 369 N.E.2d 90, 94 (1977) (interpreting section 24 (Ill. Rev. Stat. 1975, ch. 83, par. 24a), the predecessor to section 13 \u2014 217); see also Kahle v. John Deere Co., 104 Ill. 2d 302, 310-11, 472 N.E.2d 787, 791 (1984) (Ryan, J., concurring) (section 13 \u2014 217 \"should not be abused by using the statute as a means of forum shopping\u201d).\nThe cases plaintiffs cite in support of their position are distinguishable from the facts of this case, in that those cases did not require a court to choose between two applicable saving provisions. In Roth v. Northern Assurance Co., 32 Ill. 2d 40, 203 N.E.2d 415 (1964), rev\u2019g 46 Ill. App. 2d 253, 196 N.E.2d 389 (1964), our supreme court held that the former Illinois saving statute (section 24) extended a contractual limitations period contained in an insurance policy. Plaintiffs also rely upon Limer v. Lyman, 241 Ill. App. 3d 125, 608 N.E.2d 918 (1993), which dealt with a conflict between section 13 \u2014 217 and the medical malpractice statute of repose (Ill. Rev. Stat. 1991, ch. 110, par. 13 \u2014 212). The court noted that nothing in the medical malpractice statute of repose indicated a legislative intent to avoid the remedial provision of section 13 \u2014 217 (Limer, 241 Ill. App. 3d at 128, 608 N.E.2d at 920); in contrast, the very fact that section 2 \u2014 725 of the UCC includes its own saving provision demonstrates a legislative intent to alter the effect of the Code of Civil Procedure\u2019s general saving statute, section 13 \u2014 217, at least with respect to actions on a contract of sale. Finally, plaintiffs mischaracterize Bethlehem Steel Corp. v. Chicago Eastern Corp., 863 F.2d 508 (7th Cir. 1988), asserting that that court found a section of the Code of Civil Procedure to constitute a specific exception to the broader UCC section 2 \u2014 725(3). In fact, Bethlehem Steel never even mentioned section 2 \u2014 725(3); instead, the seventh circuit held that Chicago Eastern\u2019s counterclaims were governed by the counterclaim provision of the Code rather than the four-year limitations period of the UCC. 863 F.2d at 511-12. Accordingly, we find that plaintiffs\u2019 authorities do not support their construction of section 13 \u2014 217.\nCONCLUSION\nOur decision today may have negative ramifications with respect to unnamed plaintiffs in a class action, as such plaintiffs may experience more difficulty in having the merits of their claims heard. However, our decision does not foreclose a hearing on the merits for such plaintiffs. In a worst-case scenario, an unnamed plaintiff in a federal class action may see his or her state claims time-barred as a result of our rejection of cross-jurisdictional tolling. Yet, even if this occurs, and that plaintiff\u2019s federal class is denied certification, under American Pipe the plaintiff may still pursue his claim in federal court. Furthermore, should that plaintiff\u2019s federal claim be dismissed for lack of jurisdiction, he or she may still take advantage of the proper saving provision and file the claim in Illinois.\nIn the instant case, the trial court properly found that the American Pipe tolling doctrine did not apply to toll the statute of limitations on plaintiffs\u2019 class claims under Illinois law. For the reasons given in part I above, we affirm this part of the trial court\u2019s order. Furthermore, although plaintiffs themselves acknowledged that the four-year statute of limitations of UCC section 2 \u2014 725 applied to their action \u2014 and hence should have known that the six-month saving provision of section 2 \u2014 725(3) might also apply \u2014 they chose to wait an entire year before filing their complaint in Illinois. The trial court concluded that section 2 \u2014 725(3), as the more specific saving provision, applied to bar plaintiffs\u2019 claims. For the reasons given in part II above, we agree. As such, we affirm the March 6, 1996, order of the trial court.\nAffirmed.\nTULLY, P.J., and CERDA, J., concur.\nFor purposes of our review, we state only those facts relevant to the present appeal. For a more exhaustive discussion of the facts and procedural history of the case, we direct the reader to this court\u2019s earlier opinion in Doutt v. Ford Motor Co., 276 Ill. App. 3d 785, 659 N.E.2d 89 (1995) (Doutt II). That case was before the same trial court, and it presented virtually identical issues between the same parties on the same facts. Although filed later than the present action, Doutt II was quickly dismissed on the basis that it constituted duplicative litigation, a finding affirmed by this court on appeal.\nApparently, plaintiffs filed Doutt II because the Pennsylvania action, Doutt I, had been stayed. Curiously, plaintiffs themselves requested the stay in the Pennsylvania action. Doutt II, 276 Ill. App. 3d at 790-91, 659 N.E.2d at 93.\nAs pointed out by the trial court, the parties dispute which day the 1990 dismissal became effective: defendant claims the effective dismissal date was March 29, 1990; plaintiffs assert May 14, 1990, as the effective date. The trial court found it unnecessary to resolve this dispute, and so do we.\nAt the time this action was filed, section 13 \u2014 217 (Ill. Rev. Stat. 1991, ch. 110, par. 13 \u2014 217) provided:\n\"Reversal or dismissal. In the actions specified in Article XIII of this Act or any other act or contract where the time for commencing an action is limited, if judgment is entered for the plaintiff but reversed on appeal, or if there is a verdict in favor of the plaintiff and, upon a motion in arrest of judgment, the judgment is entered against the plaintiff, or the action is voluntarily dismissed by the plaintiff, or the action is dismissed for want of prosecution, or the action is dismissed by a United States District Court for lack of jurisdiction, then, whether or not the time limitation for bringing such action expires during the pendency of such action, the plaintiff, his or her heirs, executors or administrators may commence a new action within one year or within the remaining period of limitation, whichever is greater, after such judgment is reversed or entered against the plaintiff, or after the action is voluntarily dismissed by the plaintiff, or the action is dismissed for want of prosecution, or the action is dismissed by a United States District Court for lack of jurisdiction.\u201d (Emphasis added.)\nSection 2 \u2014 725 (Ill. Rev. Stat. 1991, ch. 26, par. 2 \u2014 725) provided in part:\n\"(1) An action for breach of any contract for sale must be commenced within 4 years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.\n(3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within 6 months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.\u201d (Emphasis added.)\nSince this case was filed, section 13 \u2014 217 has been amended twice by the legislature. While the provision no longer applies to voluntary dismissals and dismissals for want of prosecution (Pub. Act 89 \u2014 7, eff. March 9, 1995), it does now apply to dismissals from federal court for improper venue (Pub. Act. 87 \u2014 1252, \u00a7 2, eff. January 7, 1993).\nSection 13 \u2014 207 (Ill. Rev. Stat. 1991, ch. 110, par. 13 \u2014 207 (now 735 ILCS 5/13 \u2014 207 (West 1996))), setting forth the limitations period for filing defense counterclaims.", "type": "majority", "author": "JUSTICE GALLAGHER" } ], "attorneys": [ "Krislov & Associates, of Chicago (Clinton A. Krislov and Jonathan Nachsin, of counsel), and Moore & Brown, of Washington, D.C. (Beverly C. Moore, Jr., of counsel), for appellants.", "Donohue, Brown, Mathewson & Smyth, of Chicago (John T. Coleman, Richard B. Foster III, and Karen Kies DeGrand, of counsel), and O\u2019Melveny & Myers, L.L.P., of Washington, D.C. (William T. Coleman, Jr., Richard C. Warmer, Carl R. Schenker, Jr., and Patrick R. Rizzi, of counsel), for appellee." ], "corrections": "", "head_matter": "GWENDOLYN PORTWOOD et al., Plaintiffs-Appellants, v. FORD MOTOR COMPANY, Defendant-Appellee.\nFirst District (1st Division)\nNo. 1 \u2014 96\u20141181\nOpinion filed September 8, 1997.\nRehearing denied October 20, 1997.\nKrislov & Associates, of Chicago (Clinton A. Krislov and Jonathan Nachsin, of counsel), and Moore & Brown, of Washington, D.C. (Beverly C. Moore, Jr., of counsel), for appellants.\nDonohue, Brown, Mathewson & Smyth, of Chicago (John T. Coleman, Richard B. Foster III, and Karen Kies DeGrand, of counsel), and O\u2019Melveny & Myers, L.L.P., of Washington, D.C. (William T. Coleman, Jr., Richard C. Warmer, Carl R. Schenker, Jr., and Patrick R. Rizzi, of counsel), for appellee." }, "file_name": "0478-01", "first_page_order": 496, "last_page_order": 507 }