Wade v. Whalen

I concur in the opinion because the trial court did not abuse its discretion in finding that plaintiff Wade did not show due diligence in serving defendant Whalen. Nevertheless, I am concerned with the standard of “greatest possible diligence” in evaluating Wade’s attempts at service, and I recommend abandoning this standard except in instances in which the defendant has not been served and *771raises a service defense in his answer.

The standard of “greatest possible diligence” in the context of assessing a plaintiff’s attempts at service outside the statute of limitation was first used by this…