Lawyers at DBMS successfully litigate a wide variety of civil cases and argue appeals in some of the most challenging jurisdictions in the country.

Appellate Product Liability

Rice v. Defendant Automobile Manufacturer

03/01/2000
Client:

Defendant Automobile Manufacturer

Outcome:

Denial of Defendant’s Motion to Dismiss Reversed

Synopsis:

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.