Hatchett v. Swanson

              No. 2--07--0690 Filed: 5-20-08
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
DEBRA HATCHETT, ) Appeal from the Circuit Court
) of Winnebago County.
Plaintiff-Appellant, ))
v. ) No. 06--L--303
)
LARRY SWANSON, d/b/a Lightning )
Bolt Cycling Club, ) Honorable
) Janet R. Holmgren,
Defendant-Appellee. ) Judge, Presiding.
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JUSTICE CALLUM delivered the opinion of the court:
Plaintiff, Debra Hatchett, appeals from an order of the circuit court of Winnebago County
dismissing, with prejudice, her personal injury lawsuit against defendant, Larry Swanson, d/b/a
Lightning Bolt Cycling Club. The trial court granted defendant's motion to dismiss the action
pursuant to Supreme Court Rule 103(b) (177 Ill. 2d R. 103(b)), on the grounds that plaintiff failed
to exercise diligence in obtaining service on defendant. Plaintiff had previously filed a lawsuit
against defendant concerning the same subject matter, but she voluntarily dismissed it pursuant to
section 2--1009 of the Code of Civil Procedure (Code) (735 ILCS 5/2--1009 (West 2004)). Plaintiff
argues that the trial court improperly considered the circumstances of the original lawsuit in ruling
on defendant's motion to dismiss. We disagree. Nevertheless, we conclude that the trial court
improperly considered the length of time that elapsed between the dismissal of the original suit and