The firm congratulates Anthony Longo and Sherita Glover on their impressive August 15, 2017 victory in the appellate court. The case involved allegations of assault and battery during an outpatient medical appointment. Plaintiff filed suit against the medical clinic and its employee who allegedly threw the punches.
Plaintiff claimed to have achieved service of process against the employee, but Brennan Burtker prevailed on a motion to quash the service of process. Thereafter, plaintiff claimed excessive difficulty in serving the individual employee and so asked the Circuit Court for an order authorizing special service of process.
Over Brennan Burtker’s objection, the court granted the motion and permitted service by U.S. Mail and door posting. After special service was accomplished, Brennan Burtker moved to dismiss again arguing the individual employee was entitled to ordinary service of process – which never occurred, and further arguing that special service of process was invalid since plaintiff never satisfied the statute for entitlement to special service.
The Circuit Court denied the motion to dismiss. Thereafter, Brennan Burtker utilized Illinois Supreme Court Rule 306(a)(3) to file a petition for leave to appeal – which the appellate court accepted. The appellate court then reversed the circuit court’s orders and remanded for further proceedings. This case represents the only known instance where a resident defendant successfully challenged personal jurisdiction through the use of Supreme Court Rule 306(a)(3).