{"id":5444,"date":"2015-07-29T10:00:08","date_gmt":"2015-07-29T15:00:08","guid":{"rendered":"http:\/\/injury.robertkreisman.com\/?p=5444"},"modified":"2015-07-28T08:30:17","modified_gmt":"2015-07-28T13:30:17","slug":"illinois-appellate-court-affirms-dismissal-of-lawsuit-because-plaintiff-failed-to-exercise-reasonable-diligence-in-obtaining-service-on-the-defendant","status":"publish","type":"post","link":"https:\/\/www.robertkreisman.com\/injury-lawyer\/illinois-appellate-court-affirms-dismissal-of-lawsuit-because-plaintiff-failed-to-exercise-reasonable-diligence-in-obtaining-service-on-the-defendant\/","title":{"rendered":"Illinois Appellate Court Affirms Dismissal of Lawsuit Because Plaintiff Failed to Exercise Reasonable Diligence in Obtaining Service on the Defendant"},"content":{"rendered":"<p>On July 18, 2010 Geraldine Mular was a guest of the home of Dawn Ingram. Mular fell into a backyard pool and was injured. No lawsuit was filed until July 16, 2012, just one day before the <a href=\"https:\/\/en.wikipedia.org\/wiki\/Statute_of_limitations\">statute of limitations<\/a> would have expired. The lawsuit named Ingram as the defendant.<\/p>\n<p>In the complaint, Mular alleged that Ingram failed to keep \u201cthe area around the premises\u2019 pool maintained and properly constructed.\u201d Notably, Mular did not allege that Ingram either constructed the pool or was involved in its design, but she did claim that Ingram had failed to keep the area clear of tripping hazards, failed to provide safe ingress and egress and had allowed the area to become unsafe due to poor maintenance.<\/p>\n<p>In the lawsuit, Ingram\u2019s home was correctly listed as 1694 Van Buren Ave., <a href=\"http:\/\/www.desplaines.org\/\">Des Plaines<\/a>, Ill. However, the summons that was issued on July 16, 2012 listed Ingram\u2019s residence as 1649 Van Buren Ave., transposing the last two digits of the address. The court noted that \u201cthe clerk\u2019s docket does not reflect that the summons was ever placed with the Sheriff for service.\u201d<\/p>\n<p> <a href=\"https:\/\/www.robertkreisman.com\/injury-lawyer\/illinois-appellate-court-affirms-dismissal-of-lawsuit-because-plaintiff-failed-to-exercise-reasonable-diligence-in-obtaining-service-on-the-defendant\/#more-5444\" class=\"more-link\">Continue reading<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>On July 18, 2010 Geraldine Mular was a guest of the home of Dawn Ingram. Mular fell into a backyard pool and was injured. No lawsuit was filed until July 16, 2012, just one day before the statute of limitations would have expired. The lawsuit named Ingram as the defendant. In the complaint, Mular alleged [&hellip;]<\/p>\n","protected":false},"author":795,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"enabled":false},"version":2}},"categories":[56,11],"tags":[],"class_list":["post-5444","post","type-post","status-publish","format-standard","hentry","category-personal-injury","category-premises-liability"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Illinois Appellate Court Affirms Dismissal of Lawsuit Because Plaintiff Failed to Exercise Reasonable Diligence in Obtaining Service on the Defendant &#8212; Chicago Injury Lawyer Blog<\/title>\n<meta name=\"description\" content=\"On July 18, 2010 Geraldine Mular was a guest of the home of Dawn Ingram. Mular fell into a backyard pool and was injured. No lawsuit was filed until July\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.robertkreisman.com\/injury-lawyer\/illinois-appellate-court-affirms-dismissal-of-lawsuit-because-plaintiff-failed-to-exercise-reasonable-diligence-in-obtaining-service-on-the-defendant\/\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"Illinois Appellate Court Affirms Dismissal of Lawsuit Because Plaintiff Failed to Exercise Reasonable Diligence in Obtaining Service on the Defendant &#8212; Chicago Injury Lawyer Blog\" \/>\n<meta name=\"twitter:description\" content=\"On July 18, 2010 Geraldine Mular was a guest of the home of Dawn Ingram. Mular fell into a backyard pool and was injured. No lawsuit was filed until July\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Robert Kreisman\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"4 minutes\" \/>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Illinois Appellate Court Affirms Dismissal of Lawsuit Because Plaintiff Failed to Exercise Reasonable Diligence in Obtaining Service on the Defendant &#8212; Chicago Injury Lawyer Blog","description":"On July 18, 2010 Geraldine Mular was a guest of the home of Dawn Ingram. Mular fell into a backyard pool and was injured. No lawsuit was filed until July","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.robertkreisman.com\/injury-lawyer\/illinois-appellate-court-affirms-dismissal-of-lawsuit-because-plaintiff-failed-to-exercise-reasonable-diligence-in-obtaining-service-on-the-defendant\/","twitter_card":"summary_large_image","twitter_title":"Illinois Appellate Court Affirms Dismissal of Lawsuit Because Plaintiff Failed to Exercise Reasonable Diligence in Obtaining Service on the Defendant &#8212; Chicago Injury Lawyer Blog","twitter_description":"On July 18, 2010 Geraldine Mular was a guest of the home of Dawn Ingram. Mular fell into a backyard pool and was injured. No lawsuit was filed until July","twitter_misc":{"Written by":"Robert Kreisman","Est. reading time":"4 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/illinois-appellate-court-affirms-dismissal-of-lawsuit-because-plaintiff-failed-to-exercise-reasonable-diligence-in-obtaining-service-on-the-defendant\/#article","isPartOf":{"@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/illinois-appellate-court-affirms-dismissal-of-lawsuit-because-plaintiff-failed-to-exercise-reasonable-diligence-in-obtaining-service-on-the-defendant\/"},"author":{"name":"Robert Kreisman","@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/#\/schema\/person\/5e5596abf7be77fdabc788f0a78f042b"},"headline":"Illinois Appellate Court Affirms Dismissal of Lawsuit Because Plaintiff Failed to Exercise Reasonable Diligence in Obtaining Service on the Defendant","datePublished":"2015-07-29T15:00:08+00:00","mainEntityOfPage":{"@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/illinois-appellate-court-affirms-dismissal-of-lawsuit-because-plaintiff-failed-to-exercise-reasonable-diligence-in-obtaining-service-on-the-defendant\/"},"wordCount":734,"articleSection":["Personal Injury","Premises Liability"],"inLanguage":"en-US"},{"@type":"WebPage","@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/illinois-appellate-court-affirms-dismissal-of-lawsuit-because-plaintiff-failed-to-exercise-reasonable-diligence-in-obtaining-service-on-the-defendant\/","url":"https:\/\/www.robertkreisman.com\/injury-lawyer\/illinois-appellate-court-affirms-dismissal-of-lawsuit-because-plaintiff-failed-to-exercise-reasonable-diligence-in-obtaining-service-on-the-defendant\/","name":"Illinois Appellate Court Affirms Dismissal of Lawsuit Because Plaintiff Failed to Exercise Reasonable Diligence in Obtaining Service on the Defendant &#8212; Chicago Injury Lawyer Blog","isPartOf":{"@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/#website"},"datePublished":"2015-07-29T15:00:08+00:00","author":{"@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/#\/schema\/person\/5e5596abf7be77fdabc788f0a78f042b"},"description":"On July 18, 2010 Geraldine Mular was a guest of the home of Dawn Ingram. 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