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| 1 | AN ACT concerning local government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Metropolitan Transit Authority Act is | ||||||
| 5 | amended by changing Section 41 as follows:
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| 6 | (70 ILCS 3605/41) (from Ch. 111 2/3, par. 341)
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| 7 | Sec. 41. No civil action shall be commenced in any court | ||||||
| 8 | against the
Authority by any person for any injury to his | ||||||
| 9 | person unless it is commenced
within one year from the date | ||||||
| 10 | that the injury was received or the cause of
action accrued.
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| 11 | Within one year six (6) months from the date that such an | ||||||
| 12 | injury was
received or such cause of action accrued, any person | ||||||
| 13 | who is about to
commence any civil action in any court against | ||||||
| 14 | the Authority for damages on
account of any injury to his | ||||||
| 15 | person shall file in the office of the
secretary of the Board | ||||||
| 16 | and also in the office of the General Counsel for
the Authority | ||||||
| 17 | either by himself, his agent, or attorney, a statement, in
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| 18 | writing, signed by himself, his agent, or attorney, giving the | ||||||
| 19 | name of the
person to whom the cause of action has accrued, the | ||||||
| 20 | name and residence of
the person injured, the date and about | ||||||
| 21 | the hour of the accident, the place
or location where the | ||||||
| 22 | accident occurred and the name and address of the
attending | ||||||
| 23 | physician, if any. If the notice provided for by this Section | ||||||
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| 1 | section is
not filed as provided, any such civil action | ||||||
| 2 | commenced against the
Authority shall be dismissed and the | ||||||
| 3 | person to whom any such cause of
action accrued for any | ||||||
| 4 | personal injury shall be forever barred from further
suing.
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| 5 | Any person who notifies the Authority that he or she was | ||||||
| 6 | injured or has a
cause of action shall be furnished a copy of | ||||||
| 7 | Section 41 of this Act. Within
10
days after being notified in | ||||||
| 8 | writing, the Authority shall either send a copy by
certified | ||||||
| 9 | mail to the person at his or her last known address or hand | ||||||
| 10 | deliver a
copy to the person who shall acknowledge receipt by | ||||||
| 11 | his or her signature. When
the Authority is notified later than | ||||||
| 12 | one year 6 months from the date the injury occurred
or the | ||||||
| 13 | cause of action arose, the Authority is not obligated to | ||||||
| 14 | furnish a copy
of Section 41 to the person. In the event the | ||||||
| 15 | Authority fails to furnish a
copy
of Section 41 as provided in | ||||||
| 16 | this Section, any action commenced against the
Authority
shall | ||||||
| 17 | not be dismissed for failure to file a written notice as | ||||||
| 18 | provided in this
Section. Compliance with this Section shall be | ||||||
| 19 | liberally construed in favor of
the person required to file a | ||||||
| 20 | written statement.
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| 21 | The changes to this Section made by this amendatory Act of | ||||||
| 22 | the 95th General Assembly apply to causes of action that accrue | ||||||
| 23 | on or after the effective date of this amendatory Act of the | ||||||
| 24 | 95th General Assembly. | ||||||
| 25 | (Source: P.A. 90-451, eff. 7-1-98.)
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| 26 | Section 99. Effective date. This Act takes effect upon | ||||||
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| 1 | becoming law. | ||||||