Legal Opinion

Penrod v. Sears, Roebuck & Co.

Appellate Court of Illinois

Decided December 4, 1986No. 4-86-0348PublishedCited by 34 opinions

1Opinion of the CourtJustice Morthland

On November 9, 1984, the plaintiff filed a complaint in the circuit court of Vermilion County alleging that he was injured as a result of a fall on November 10, 1982, in a store owned by defendant, Sears, Roebuck & Company. Attached to the original complaint was the following:

“TO THE CLERK OF THE CIRCUIT COURT

Please issue summons to be served upon:

Richard Robinson

SEARS, ROEBUCK & CO.

Sears Tower

3/766 BSC 44-28

Chicago, Illinois 60684.”

The clerk did not issue summons as requested. Plaintiff called the clerk’s office in March of 1985 and was advised that no summons had issued. Plaintiff again…

2Cases cited3 opinions

  1. O'CONNELL v. St. Francis HospitalIllinois Supreme Court · 1986
  2. Phifer v. HayesAppellate Court of Illinois · 1974
  3. Dillie v. BisbyAppellate Court of Illinois · 1985

3Cited by34 opinions

  1. Womick v. Jackson County Nursing HomeIllinois Supreme Court · 1990
  2. Billerbeck v. Caterpillar Tractor Co.Appellate Court of Illinois · 1997
  3. Tischer v. JordanAppellate Court of Illinois · 1995
  4. Polites v. U.S. Bank National Ass'nAppellate Court of Illinois · 2005
  5. Emrikson v. MorfinAppellate Court of Illinois · 2012

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