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Phifer v. Hayes

JUNE 25, 1974.

DILLARD J. PHIFER, JR., PLAINTIFF-APPELLEE,

v.

WILLIAM A. HAYES, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. REGINALD J. HOLZER, Judge, presiding.

MR. JUSTICE DOWNING DELIVERED THE OPINION OF THE COURT:

Rehearing denied July 26, 1974.

Plaintiff-appellee Dillard J. Phifer, Jr. brought an action to recover damages occasioned by the alleged negligence of defendants William Hayes, Standard Oil Co., Booker Crockett, and Willie Thomas. In his complaint plaintiff alleged that Hayes struck and injured the plaintiff as Hayes drove his automobile on the premises of a Standard Oil gas station where the car was being repaired by Crockett and Thomas. Standard Oil Co. was dismissed from the case on its own motion and, on motion of the plaintiff, Crockett and Thomas were dismissed at trial. Judgment was subsequently entered in favor of the plaintiff in the amount of $10,000. Defendant Hayes now prosecutes this appeal from that judgment as well as from the trial court's order denying his petition to dismiss plaintiff's cause of action for lack of diligence in securing service of process on the defendant and denying his post-trial motion.

The sole issue on this appeal is whether the circuit court erred in concluding that the plaintiff exercised reasonable diligence in obtaining service of process upon defendant Hayes.

The following chronology of events sets out the pertinent facts of the case.

Nov. 15, 1962 Date of the accident resulting in plaintiff's injury.

Nov. 12, 1964 Plaintiff filed his complaint and placed a summons with the Sheriff of Cook County listing defendant's address as 720 E. 79th St., Chicago.

Dec. 12, 1964 Summons returned "not found."

Aug. 19, 1966 Plaintiff placed his first alias summons, listing defendant's address as 720 E. 79th St.

Sept. 8, 1966 First alias summons returned "not found."

Oct. 29, 1968 Plaintiff placed a second alias summons, listing defendant's address as 720 E. 79th St.

Oct. 31, 1968 Second alias summons returned "not found."

Mar. 13, 1969 Plaintiff placed a third alias summons, listing defendant's ...


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