Supreme Court Rules About Rejecting an Arbitrator’s Award Will Trump Section 2-1009 of the Illinois Code of Civil Procedure Governing Voluntary Dismissal.
A passenger sued two drivers for injuries sustained in an automobile accident. The matter proceeded to arbitration, and the arbitrator found in favor of defendants. Swain did not file a rejection of the arbitrator’s award but did file a motion for voluntary dismissal, which was granted. One of the defendants filed a motion to reconsider which was denied.
On appeal, the issue was whether the Supreme Court rules governing arbitration trumped the statute on voluntary dismissal. Supreme Court Rule 93(a) provides that a party has 30 days after arbitration to provide written notice of rejection of the award, and Supreme Court Rule 92(c) provides that if no one files a rejection of the arbitration award in 30 days, any party may move the court to enter judgment. The Illinois statute on voluntary dismissal provides that a plaintiff may dismiss his or her action without prejudice one time at any time before trial. 735 ILCS 5/2-1009.
The court held that the plaintiff had no right to a voluntary dismissal because she did not file a rejection of the arbitrator’s award. The court followed the earlier Illinois Supreme Court holding that when section 2-1009 conflicts with a Supreme Court rule, there is no right to voluntary dismissal and the Supreme Court rule controls.
Swain v. Bruce, 964 N.E.2d 653 (Ill.App. 1 Dist., 2012), No. 1-11-0425
