Rhonda C. Lucas v. Peter J. Warhol

Summary

The court held that the district court properly extended the time for service because Lucas diligently attempted service and Warhol's homelessness created understandable mitigating circumstances. It held that serving Warhol's insurer-retained attorney did not satisfy due process because there was no evidence of contact between Warhol and the attorney or any reliable means by which the attorney could reach Warhol. The court treated Lucas's later personal service as timely, affirmed in part, reversed in part, and remanded with instructions concerning filing proof of service.