Paige-Myatt v. Mount Sinai Hospital Medical Center

Everyone seems to agree it took too long to serve the defendant hospital with the plaintiffs complaint. The plaintiff does not seriously criticize the trial court for dismissing her lawsuit for failure to exercise reasonable diligence in obtaining service. See 177 Ill. 2d R. 103(b).

The controversy centers on the trial court’s decision to dismiss the lawsuit with prejudice. The plaintiff contends the dismissal should have been without prejudice to refile. To resolve the dispute we have to examine the question of whether the statute of limitations ran before or after the dismissal.

We conclude…