Legal Opinion

Karpiel v. LASALLE NAT. BANK OF CHICAGO

Appellate Court of Illinois

Decided January 27, 1970No. Gen. 69-124PublishedCited by 40 opinions

1Opinion of the CourtJustice Seidenfeld

An action brought under the Scaffolding Act was dismissed under Supreme Court Rule 103(b) 1 because of negligence of the plaintiff in failing to serve summons on the beneficiaries of the defendant trust within a reasonable time.

The appeal raises the narrow issue of whether a trial court exercises lawful discretion in dismissing a suit when attorneys for the plaintiff have been admittedly negligent in failing to serve summons within a few days short of 14 months after the filing of an amended complaint, but with no showing that substantive rights of the defendants have been prejudiced by the…

2Cases cited5 opinions

  1. Kohlhaas v. MorseAppellate Court of Illinois · 1962
  2. Caliendo v. Public Taxi Service, Inc.Appellate Court of Illinois · 1966
  3. DeCicco v. ReedAppellate Court of Illinois · 1966
  4. Harvey v. LippensAppellate Court of Illinois · 1967
  5. Sullivan v. Nissen Trampoline Co.Appellate Court of Illinois · 1967

3Cited by40 opinions

  1. Segal v. SaccoIllinois Supreme Court · 1990
  2. Case v. Galesburg Cottage HospitalIllinois Supreme Court · 2007
  3. Alsobrook v. CoteAppellate Court of Illinois · 1971
  4. Hanna v. KellyAppellate Court of Illinois · 1980
  5. Mosley v. SpearsAppellate Court of Illinois · 1970

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