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SEGAL v. SACCO

No. 87-1445.

175 Ill. App.3d 504 (1988)

529 N.E.2d 1038

WILLIAM SEGAL, Plaintiff-Appellant, v. EUGENE SACCO et al., Defendants-Appellees.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed September 28, 1988.

Attorney(s) appearing for the Case

Louis S. Goldstein, of Chicago (Michael W. Rathsack, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Joan S. Cherry, Myra J. Brown, and Rebecca J. Davidson, Assistant State's Attorneys, of counsel), for appellees.

Reversed and remanded.

JUSTICE McNAMARA delivered the opinion of the court:

The sole issue on appeal is whether plaintiff William Segal showed that he exercised reasonable diligence where he waited 4 1/2 months to obtain service of process on defendants Eugene Sacco and Charles Thornton. The trial court dismissed the complaint for failure to show due diligence pursuant to Supreme Court Rule 103(b) (107 Ill.2d R. 103(b)), and plaintiff appeals that dismissal...

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