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HARVEY v. LIPPENS

Gen. No. 51,604.

87 Ill. App.2d 363 (1967)

231 N.E.2d 613

Ben C. Harvey, Plaintiff-Appellant, v. Orville Lippens, Defendant-Appellee.

Appellate Court of Illinois — First District, First Division.

October 9, 1967.

Attorney(s) appearing for the Case

Morton & Yellin, of Chicago (Jerrold J. Ezgur and James R. Meltreger, of counsel), for appellant.

Berchem, Schwantes & Thuma, of Chicago (E. Douglas Schwantes and James O. Latturner, of counsel), for appellee.

MR. JUSTICE BURMAN delivered the opinion of the court.

Plaintiff brought suit to recover damages from defendant for personal injuries. A motion by defendant to dismiss the complaint on the grounds that the plaintiff failed to use reasonable diligence in obtaining service on him was brought under Supreme Court Rule 4(2).* The motion was denied. After the decision of this court in Caliendo v. Public Taxi Service, Inc.,

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