{
  "id": 3231185,
  "name": "WALTER NERGENAH et al., Plaintiffs-Appellants, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant-Appellee.-(G. WILLIAM HORSLEY, Defendant.)",
  "name_abbreviation": "Nergenah v. Norfolk & Western Railway Co.",
  "decision_date": "1980-02-19",
  "docket_number": "No. 79-183",
  "first_page": "866",
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    "id": 8837,
    "name": "Illinois Appellate Court"
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  "last_updated": "2023-07-14T21:35:10.623879+00:00",
  "provenance": {
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    "judges": [],
    "parties": [
      "WALTER NERGENAH et al., Plaintiffs-Appellants, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant-Appellee.\u2014(G. WILLIAM HORSLEY, Defendant.)"
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE McGLOON\ndelivered the opinion of the court:\nAddie Nergenah\u2019s action for loss of consortium was dismissed by reason of the statute of limitations. The issue on appeal is whether a statute of limitations which became effective before an action was filed but after such cause of action arose may be applied so as to bar the action.\nWe reverse and remand.\nOn July 9, 1974, Walter Nergenah sustained injuries when a bulkhead door on a boxcar owned and operated by the Norfolk and Western Railway Company (Norfolk and Western) fell upon him. On April 29, 1975, Nergenah retained G. William Horsley to file a personal injury action against Norfolk and Western. However, Horsley failed to file the action prior to the expiration of the statute of limitations.\nOn May 24, 1978, Walter Nergenah and his wife Addie Nergenah filed a two-count complaint. Count I alleged a cause of action by Walter Nergenah against Horsely for legal malpractice. Addie Nergenah alleged a cause of action for loss of consortium against Norfolk and Western in count II.\nIn 1975, the time at which Addie Nergenah\u2019s cause of action for loss of consortium accrued, the applicable statute of limitations was five years. (Ill. Rev. Stat. 1975, ch. 83, par. 16.) However, on October 1,1977, a new statute shortening this period from five to two years became effective. (Ill. Rev. Stat. 1977, ch. 83, par. 15.1.) The trial court applied the two year limitation period to the action for loss of consortium and granted Norfolk and Western\u2019s motion to dismiss for failure to commence an action within the time limited by law. Plaintiffs\u2019 motion to vacate this order was denied.\nOn appeal, plaintiffs contend that the trial court erred by applying section 14.1 (par. 15.1) of the Limitations Act to the loss of consortium action because the legislature did not expressly provide for the retroactive application of the statute. They further argue that even if the statute could be applied to causes of action accruing prior to its effective date, this action was not barred because it was filed within a reasonable time after the statute\u2019s effective date.\nPlaintiffs rely on Hathaway v. Merchants Loan & Trust Co. (1905), 218 Ill. 580, 75 N.E. 1060, for the proposition that a limitation statute which shortens the period within which an action must be brought may not be applied retroactively unless there is a clear legislative intent that it should operate retroactively. However, as evidenced by several recent supreme court cases, this principle has changed. Now, the general rule is that the legislature may shorten a statute of limitation so long as a reasonable time exists for presentation of pre-existing claims after the effective date of the new statute. (Hupp v. Gray (1978), 73 Ill. 2d 78, 382 N.E.2d 1211; Arnold Engineering, Inc. v. Industrial Com. (1978), 72 Ill. 2d 161, 380 N.E .2d 782; Meegan v. Village of Tinley Park (1972), 52 Ill. 2d 354, 288 N.E.2d 423; Trustees of Schools v. Batdorf (1955), 6 Ill. 2d 486, 130 N.E.2d Ill.) Therefore, the only issue before this court is whether the action for loss of consortium was filed within a reasonable time after the effective date of the new limitation period.\nIn Anderson v. Wagner (1978), 61 Ill. App. 3d 822, 378 N.E.2d 805, an eight-month period for filing suit after an amendment\u2019s effective date was held to be reasonable. Anderson was based on Carlin v. Peerless Gas Light Co. (1918), 283 Ill. 142, 119 N.E. 66, wherein a nine-month period was found to be reasonable. Here, the action for loss of consortium was filed approximately 7h months after the effective date of the amendment of the statute of limitations. On the basis of Anderson and Carlin, we find that Addie Nergenah\u2019s action was filed within a reasonable time.\nFor the foregoing reasons, we reverse the order of the circuit court of Cook County as to count II of the complaint and remand the cause for further proceedings consistent with this opinion.\nOrder reversed; cause remanded.\nGOLDBERG, P. J., and CAMPBELL, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE McGLOON"
      }
    ],
    "attorneys": [
      "Joseph T. McGuire and Stephen C. Schulte, both of Perz and McGuire, of Chicago, for appellants.",
      "James W. Kissel, Stephen C. Carlson, and Joanne M. Frasca, all of Sidley and Austin, of Chicago, for appellee."
    ],
    "corrections": "",
    "head_matter": "WALTER NERGENAH et al., Plaintiffs-Appellants, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant-Appellee.\u2014(G. WILLIAM HORSLEY, Defendant.)\nFirst District (1st Division)\nNo. 79-183\nOpinion filed February 19, 1980.\nJoseph T. McGuire and Stephen C. Schulte, both of Perz and McGuire, of Chicago, for appellants.\nJames W. Kissel, Stephen C. Carlson, and Joanne M. Frasca, all of Sidley and Austin, of Chicago, for appellee."
  },
  "file_name": "0866-01",
  "first_page_order": 888,
  "last_page_order": 890
}