Dismissal with Prejudice – Failure to Timely Serve Complaint
Fritz V. Wilson
Fritz Wilson obtained a dismissal with prejudice on behalf of one of the firm’s clients where the Plaintiff alleged a fall due to an unsafe parking lot. Relying on applicable case law in the First and Second Districts regarding Supreme Court Rule 103(b), BVH was able to show that the Plaintiff took an unreasonably long time to serve Defendant, resulting in a delay in the case and prejudice to the firm’s client. Through arguments, it came out that the Plaintiff was planning to allege damages of over $250,000. The Court agreed with BVH’s position and dismissed the case with prejudice.