Christian v. Lincoln Automotive Co.

I concur with the majority’s conclusion that the public policy favoring adjudication of controversies on the merits is not an appropriate factor for consideration in objectively determining whether plaintiff exercised reasonable diligence to obtain service on defendants.

I further agree that plaintiffs failure to issue summons for more than one year after the expiration of the statute of limitations, without any explanation for failing to do so earlier, constitutes a lack of due diligence as a matter of law and, therefore, Pentair must be dismissed with prejudice under Supreme Court Rule…