McCormack v. Leons

A premises liability action was brought in the circuit court of Will County by Eleonora McCormack against Sophie Leons and the Village of Romeoville. Upon motion of Leons, plaintiff’s cause was dismissed for want of due diligence in the service of summons pursuant to Supreme Court Rule 103(b) (134 Ill. 2d R. 103(b)). Plaintiff appeals from the order of dismissal. We reverse and remand.

This action was originally filed on August 23, 1990. Plaintiff alleged that she was injured on September 26, 1989, when she fell over a water shut-off valve located on the premises owned by Leons. Both…