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55 Ill. App. 3d 606

Juechter v. Grace

Appellate Court of Illinois

Decided December 22, 1977

Appellate Court of Illinois · decided 1977-12-22

Relies on 48 Ill. 2d 402 - People Ex Rel. Reid v. Phillip G. · Sickler v. National Dairy Products Corp.

Good law ✅— No negative treatment on recordhow we know

Decided 1977-12-22

How this case has been cited

Cited by 9 later decisions — most recently April 2012

3 federal appellate · 6 state decisions

3019771980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. JUSTICE CRAVEN,

¶1concurring in part and dissenting in part:

¶2I agree with the opinion of the court insofar as it relates to the count for the hospital and funeral expenses. I disagree with that portion of the opinion relating to the dismissal of the wrongful death count. There was undue delay in causing summons to issue. The record clearly indicates that the defendant had knowledge of the claim. I fail to see how the defendant was in any way prejudiced by the delay. Upon finding that there was undue delay, it does not follow that a severe sanction of dismissal must be imposed upon the plaintiff.

¶3It is unfortunate that the majority opinion does not address the overriding consideration—whether or not “substantial justice” is being done between the litigants and whether it is reasonable under the circumstances to compel the defendant to go to trial. (See People ex rel. Reid v. Adkins (1971), 48 Ill. 2d 402, 270 N.E.2d 841.) Also, in the recent case of Sickler v. National Dairy Products Corp. (1977), 67 Ill. 2d 229, 367 N.E.2d 674, on a similar question of timely procedure and dismissal, our supreme court again referred to the substantial justice test alluded to in Adkins, and, in Sickler, determined that there was no substantial justice being done in dismissing the action. I am not persuaded from my review of this record that it is unreasonable under the circumstances to compel the defendant to go to trial on the merits. I would so order.

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