Filed November 14, 2016
Plaintiff’s failure to file the required affidavit warrants dismissal of her First Amended Complaint with leave to file another amended complaint that contains the required affidavit and the more definite statement discussed above. CONCLUSION Plaintiff’s First Amended Complaint should be dismissed without prejudice, and she should be granted leave to file a second amended complaint that contains a more definite statement and has attached to it the affidavit and report required by 735 ILCS 5/2-622(a). Furthermore, any future amended pleading may not include a Survival Act claim as Plaintiff did not exhaust such a claim prior to bringing suit.
Filed September 2, 2008
Failure to file an affidavit and report in compliance with Section 2-622 requires dismissal of the action. See 735 ILCS 5/2-622(g). 8.
Filed December 2, 2016
Failure to file an affidavit and report pursuant to § 2-622 is cause for dismissal. See 735 ILCS 5/2-622(g). FTCA claims are governed by the substantive law of the state in which the alleged tort occurred, in this case Illinois.