MATTHEWS v. DONNELLY

No. 1-93-2426.

639 N.E.2d 193 (1994)

265 Ill.App.3d 1016

203 Ill.Dec. 154

Helorus MATTHEWS, Individually and as Administrator of the Estate of Karen Matthews, Deceased, et al., Plaintiffs-Appellants, v. Scott DONNELLY, M.D., et al., Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

August 18, 1994.


Attorney(s) appearing for the Case

Jeffrey M. Marks, Chicago, for appellants.

Joseph F. Spitzzeri, Christopher C. Osborne, Cole, Grasso, Fencl & Skinner, Ltd., Chicago, for Scott Donnelly, appellee.


Justice JOHNSON delivered the opinion of the court:

Plaintiffs appeal from an order of the circuit court granting the motion of defendant Dr. Scott Donnelly to dismiss pursuant to Illinois Supreme Court Rule 103(b). (134 Ill.2d R. 103(b).) On appeal, plaintiffs contend the trial court abused its discretion in dismissing defendant from their cause of action with prejudice because the evidence did not reveal a lack of reasonable diligence in their attempts to serve...

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