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eBook details

• Title: Bentley v. Bentley
• Author : Supreme Court of Illinois
• Release Date : January 20, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

On September 2, 1976, the plaintiff, Robert Clinton, was involved in an automobile accident with Bernard J. Avello. A day before the running of the statute of limitations, September 1, 1978, the plaintiff filed suit against Bernard V. Avello. The complaint alleged that Bernard V. Avello "owned and was in the use, possession, operation, and control * * * of the vehicle involved in the accident." Bernard V. Avello is the father of Bernard J. Avello and was the owner of the vehicle. However, Bernard V. Avello was not in possession, operation and control of the vehicle as alleged in the complaint. Summons was placed for service on Bernard V. Avello and was returned as having been served on "Bernard Avello." An appearance and answer were filed on behalf of Bernard V. Avello which correctly admitted allegations concerning his ownership and incorrectly admitted his use and possession of the car on the date of the accident. Approximately a year and a half later at his discovery deposition, Bernard V. Avello stated that he was not the driver of the car. Bernard V. Avello made a motion for summary judgment which was allowed. Although the procedure is not clear, the ultimate effect of the proceedings in the trial court was to dismiss the cause of action against Bernard J. Avello because there was no misnomer. Page 338

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