In May 2019, Jacqueline Bulczak underwent surgery for a hip fracture and was admitted to Alden Poplar Creek for rehabilitation. During a physical therapy session at the facility, she fell, causing further complications that required additional surgeries and ultimately left her unable to walk.
Ms. Bulczak initially filed the complaint pro se on May 25, 2021, seeking $2.5 million in damages. After her death in April 2022, her estate continued the litigation represented by attorney Louis A. Rafti.
The plaintiff's complaint alleges that the fall occurred on May 25, 2019; however, supporting exhibits indicated an earlier date of May 23, which led to disputes over the statute of limitations.
The trial court dismissed the case as untimely based on these discrepancies but was later challenged by the Estate arguing that the correct date should be taken from their allegations.
The Estate of Jacqueline Bulczak has filed a lawsuit against Alden Poplar Creek Rehabilitation and Healthcare Center, Inc. and The Alden Network in the Appellate Court of Illinois, First District. The case ID is No. 1-23-1180, and it was filed on May 16, 2024.
The Estate seeks judgment reversing the dismissal and allowing further proceedings based on their claim that the injury occurred within the statutory period for filing such lawsuits.
Justices Ocasio, Rochford and Hoffman all concur that the trial court relied on Gagnon v. Schickel (2012) as their reason, specifically "where an exhibit contradicts the allegation in the complaint, the exhibit controls". This only applies to written instruments such as contract or other legal documents.
Since this is a case of negligence, the Estate's claims do not arise under a written instrument. The Estate's original complaint allegations should have been taken as true and it alleged that the injury occurred within the relevant limitations. The court erred by dismissing the Estate's complaint. The judgment is reversed and remanded for further proceedings.