Muskat v. Sternberg

This is an interlocutory appeal by permission pursuant to Supreme Court Rule 308 (87 Ill. 2d R. 308). Defendants appeal from the denial of a motion to dismiss plaintiff’s action with prejudice, pursuant to Supreme Court Rule 103(b) (87 Ill. 2d R. 103(b)), for failure to exercise reasonable diligence in obtaining service of process after the expiration of the applicable period of limitations. We reverse.

Plaintiff Sylvia Muskat’s alleged injury took place between July 23 and July 26, 1980, when she underwent surgery for cataract removal and had a corrective lens implanted in her eye. She filed…