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11/13/87 Helene Dupon, v. Gerald Kaplan

November 13, 1987

HELENE DUPON, PLAINTIFF-APPELLANT

v.

GERALD KAPLAN, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

516 N.E.2d 727, 163 Ill. App. 3d 451, 114 Ill. Dec. 572 1987.IL.1681

Appeal from the Circuit Court of Cook County; the Hon. William R. Quinlan, Judge, presiding.

APPELLATE Judges:

JUSTICE PINCHAM delivered the opinion of the court. RIZZI and HARTMAN, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE PINCHAM

Plaintiff, Helene Dupon, appeals the trial court's dismissal of her malpractice complaint against defendant, Gerald Kaplan, M.D. The trial court ruled that pursuant to the provisions of Illinois Supreme Court Rule 103(b) (107 Ill. 2d R. 103(b)), Dupon failed to use reasonable diligence in obtaining service of process on Kaplan and dismissed her complaint. *fn1

Dupon's complaint was filed January 18, 1984. The same day Dupon filed her complaint she instructed the sheriff to serve summons on Kaplan at his medical office at 467 Deming Place in Chicago. The sheriff unsuccessfully attempted to serve summons on Kaplan at his office on the following dates and hours:

January 18, 1984, at 9:30 a.m.

January 31, 1984, at 6:00 p.m.

February 4, 1984, at 10:30 a.m.

The sheriff returned the summons on March 6, 1984, with notations for said dates of "no contact" and "not in." Dupon issued an alias summons to Kaplan on March 27, 1984. Service of process was again unsuccessfully attempted on Kaplan at his office at 467 Deming Place on the following dates and times:

April 12, 1984, at 9:00 a.m.

April 14, 1984, at 11:00 a.m.

April 16, 1984, at ...


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