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MUSKAT v. STERNBERG

No. 1-89-0327.

570 N.E.2d 696 (1991)

211 Ill. App.3d 1052

156 Ill.Dec. 220

Sylvia MUSKAT, Plaintiff-Appellant, v. Paul STERNBERG, M.D., Paul Sternberg, M.D.S.C., Defendants-Appellees (Robert Block, M.D., Eugene Cutler, O.D., Highland Park Hospital, a corporation, Intermedics Intraocular, Inc., a Texas corporation, and Intermedics, Inc., a Texas corporation, Defendants).

Appellate Court of Illinois, First District, First Division.

Rehearing Denied April 30, 1991.

Attorney(s) appearing for the Case

Harold A. Liebenson (Paula Brooks Tarr, of counsel) and Norbert N. Rosenthal & Assoc., Ltd. (Norbert N. Rosenthal, of counsel), Chicago, for plaintiff-appellant.

Johnson, Cusack & Bell, Ltd. (Thomas H. Fegan, Brian C. Fetzer, and Emilio E. Machado, of counsel), Chicago, for defendants-appellees.

Justice O'CONNOR delivered the opinion of the court:

Sylvia Muskat appeals from the trial court's order that dismissed her complaint with prejudice against Dr. Paul Sternberg and his professional corporation Paul Sternberg M.D.S.C. (collectively referred to as the defendants) under Supreme Court Rule 103(b) (Ill.Rev.Stat.1987, ch. 110A, par. 103(b)) for her failure to exercise reasonable diligence to obtain service of summons prior to the expiration of the applicable...

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