Illinois Appellate Court
Civil Court
Diligence of Service
Plaintiff filed suit for damages arising from motor vehicle accident. In a case where suit was dismissed for want of prosecution (DWP) after expiration of statute of limitations and plaintiff did not attempt service before the DWP, a trial court may not consider the overall lapse of time in obtaining service of process when the DWP is vacated and service obtained on the 1st attempt at the address known to the plaintiff from inception of suit. Rule 103(b) does not measure a party's diligence between dismissal and refiling; it measures diligence in effectuating service of a pending civil suit. (McDADE, concurring; SCHMIDT, dissenting.)