Connaughton v. Gertz

Plaintiffs, a group of tugboat captains, retained defendants, two attorneys, to pursue a tort action in Illinois courts on plaintiffs’ behalf. That action was dismissed because defendants failed, through alleged lack of diligence, to bring about timely service of process on the party being sued. Plaintiffs then brought this legal malpractice action against defendants in the circuit court of Cook County. Defendants moved to dismiss under section 48 of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 48). The trial court granted this motion, holding that, as a matter of law,…