In Re: Lillian R. Malm, Plaintiff v. Marion Brigitte Villegas, Defendant

Summary

The court held that Malm's seven-and-a-half-year delay between filing her personal-injury complaint and serving Villegas was unreasonable and required dismissal for failure to prosecute. Although filing tolled the statute of limitations, the limitations period remained relevant to evaluating whether the subsequent delay in service was reasonable, and diligent but unsuccessful efforts to locate the defendant were insufficient without wrongful conduct or a formal impediment to service. The court made the rule absolute and remanded with directions to dismiss the action.