Franzese v. Trinko

On May 1, 1972, plaintiff, Ronald Franzese, filed an action against defendant, Albert J. Trinko, in the circuit court of Lake County seeking to recover damages for personal injuries allegedly sustained on May 14, 1970. On November 21, 1973, the circuit court entered the following order: “Pursuant to Special Call of the Docket, On Court’s own Motion, Cause dismissed for want of prosecution.” On October 31, 1974, plaintiff refiled the action. Defendant moved to dismiss, and the circuit court, finding “That the Plaintiff herein has failed to act with diligence in refiling of this lawsuit,…