Rice v. Defendant Automobile Manufacturer

  • Illinois Appellate Court, First District, 736 N.E.2d 1145 (Ill. App.1st Dist. 2000)03/01/2000
    Client: Defendant Automobile Manufacturer
    Outcome: Denial of Defendant’s Motion to Dismiss Reversed


Plaintiff filed suit for damages following an automobile collision. The suit was brought before the expiration of the statute of limitations, but the defendant was not served until 44 days after the statue of limitations expired.

In a case of first impression under a revised Illinois Supreme Court rule, the court remanded the case for the trial court to consider the plaintiff's actions from the date on which the complaint was filed to the date on which the plaintiff obtained service on the defendant for purposes of determining whether plaintiff was reasonably diligent in serving the defendant prior to the expiration of the statute of limitations.