Segal v. Sacco

The sole issue on appeal is whether plaintiff William Segal showed that he exercised reasonable diligence where he waited 4^2 months to obtain service of process on defendants Eugene Sacco and Charles Thornton. The trial court dismissed the complaint for failure to show due diligence pursuant to Supreme Court Rule 103(b) (107 Ill. 2d R. 103(b)), and plaintiff appeals that dismissal.

On December 8, 1983, plaintiff was allegedly assaulted by defendants, both deputy sheriffs. On December 9, 1985, plaintiff filed this action. The complaint was not placed for service at that time. On April 24,…