Dupon v. Kaplan

Plaintiff, Helene Dupon, appeals the trial court’s dismissal of her malpractice complaint against defendant, Gerald Kaplan, M.D. The trial court ruled that pursuant to the provisions of Illinois Supreme Court Rule 103(b) (107 Ill. 2d R. 103(b)), Dupon failed to use reasonable diligence in obtaining service of process on Kaplan and dismissed her complaint.

Dupon’s complaint was filed January 18, 1984. The same day Dupon filed her complaint she instructed the sheriff to serve summons on Kaplan at his medical office at 467 Deming Place in Chicago. The sheriff unsuccessfully attempted to serve…