McCubbens v. O'BANION

Thomas K. McCubbens and James L. Kemp appeal from the trial court’s entry denying their motion for summary judgment on a claim for personal injuries and property damage. The question they raise on appeal concerns whether the dismissal of a similar prior claim for want of prosecution pursuant to former Supreme Court Rule 1-4C 1 acts as a bar to the cause of action herein.

The original complaint filed October 18, 1968, alleged that the then fourteen-year-old Betty Belton was injured when two automobiles driven by appellants collided and as a result thereof jumped the curb and struck her while…