Manning v. Meier

Plaintiff filed a two-count complaint to recover damages for personal injury. The cause was later dismissed by the trial court sua sponte. Plaintiff filed a petition for relief from the judgment pursuant to the provisions of section 72 of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 72, now Ill. Rev. Stat. 1981, ch. 110, par. 2-1401 (for purposes of consistency all further references to section 72 will be made instead to section 2-1401, regardless of the date of disposition)). As the result of plaintiff's petition, the trial court allowed reinstatement of the cause. Defendant appeals from the trial court's decision. Plaintiff, as next friend for her daughter, Cheryl Manning, brought an action to recover for injuries Cheryl suffered in a motorbike-truck accident. Defendant answered, denying plaintiff's allegations. Defendant filed a notice of discovery deposition on July 7, 1978. Defendant served plaintiff with interrogatories on February 11, 1980.