Emrikson v. Morfin

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 111687
Decision Date: 
September 19, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Justice: 
STERBA
Holding: 
Affirmed.
Court properly granted motion to dismiss complaint for negligence in motor vehicle accident, based on Plaintiff's failure to use due diligence in serving Defendant. Plaintiff failed to consult traffic accident report, which contained Defendant's correct address, and made a single service attempt 2 years post-accident, but no other attempt until seven months later. Plaintiff unreasonably relied on Internet skip traces, given website's warning of potential inaccuracy. (LAVIN and PUCINSKI, concurring.)