McRoberts v. Bridgestone Americas Holding, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding the court abused its discretion when it dismissed a complaint where plaintiff was negotiating a settlement with defendant’s insurer before effecting service of process
• “Since a defendant certainly may waive service ***, it was reasonable for [plaintiff] to conclude that this arrangement was acceptable to [defendant].”
• one-year delay in service excused where consumer informed tire manufacturer’s adjuster that he would withhold service pending settlement discussions, requested adjuster to advise whether this was acceptable and adjustor said nothing
• circuit court abused its discretion in dismissing lawsuit with prejudice under Rule 103(b) because, among other special circumstances, defendant “was aware of the lawsuit, since the adjuster that it instructed to act on its behalf had been informed of the lawsuit.”
• “we find no prejudice to Bridgestone/Firestone because of the delay, since the tires-which it indicated on many occasions were key to its decision regarding liability-had been preserved by McRoberts and made available to its adjuster and its legal department for inspection”

Source: CourtListener parenthetical corpus (CC0).