Suarez v. Ro-Mar Terminal Warehouse Co.

Plaintiff Juana Suarez appeals the trial court’s dismissal with prejudice of defendant Ro-Mar Terminal Warehouse Co., Inc. (RoMar), pursuant to a motion under section 2—619(a)(9) (Ill. Rev. Stat. 1991, ch. 110, par. 2—619(a)(9)).

The trial court dismissed Ro-Mar because its alleged agent, Leonel Garcia, had been previously dismissed by reason of Supreme Court Rule 103(b) (134 Ill. 2d R. 103(b)) for failure to exercise due diligence in obtaining service upon Garcia.

Plaintiff acknowledges that under the doctrine of Towns v. Yellow Cab Co. (1978), 73 Ill. 2d 113, 382 N.E.2d 1217, and its progeny…