1 The trial court also entered an order allowing plaintiff’s motion to voluntarily dismiss
count II of plaintiff’s complaint against Dr. Ahmed Elborno without prejudice. We note that
there is no sheriff's certification in the record which indicates that Dr. Elborno was served with a
summons and complaint.
September 20, 2007
KATHRYN LONG, ) Appeal from the
) Circuit Court of
Plaintiff-Appellant, ) Cook County.
) No. 04 L 13549
AHMED ELBORNO, Individually and as )
Agent of Rush Oak Park Hospital, and )
Rush Oak Park Hospital, Individually, ) Honorable
) Abishi C. Cunnigham,
Defendants-Appellees. ) Judge Presiding.
PRESIDING JUSTICE NEVILLE delivered the opinion of the court:
Plaintiff, Kathryn Long (Long), filed a negligence action against the defendants, Dr. Ahmed
Elborno (Dr. Elborno)1 and Rush Oak Park Hospital (Rush). Rush filed a motion to dismiss the
complaint pursuant to Supreme Court Rule 103(b), and the trial court granted the motion based upon
Long’s failure to exercise reasonable diligence in serving Rush with her summons and complaint. 177
Ill. 2d 103(b). On appeal, Long presents the following issues for review: (1) whether Rush’s motion
to dismiss Long’s complaint was untimely; (2) whether Rush waived its right to file a motion to
dismiss based upon the provisions in Supreme Court Rule 103(b) (177 Ill. 2d 103(b)); (3) whether