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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 six (6) months from the date that such an injury was
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| 12 | received or such cause of action accrued, any person who is | ||||||
| 13 | about to
commence any civil action in any court against the | ||||||
| 14 | Authority for damages on
account of any injury to his person | ||||||
| 15 | shall file in the office of the
secretary of the Board and also | ||||||
| 16 | in the office of the General Counsel for
the Authority either | ||||||
| 17 | by himself, his agent, or attorney, a statement, in
writing, | ||||||
| 18 | signed by himself, his agent, or attorney, giving the name of | ||||||
| 19 | the
person to whom the cause of action has accrued, the name | ||||||
| 20 | and residence of
the person injured, the date and about the | ||||||
| 21 | hour of the accident, the place
or location where the accident | ||||||
| 22 | occurred and the name and address of the
attending physician, | ||||||
| 23 | if any. If the notice provided for by this section is
not filed | ||||||
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| 1 | as provided, any such civil action commenced against the
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| 2 | Authority shall be dismissed and the person to whom any such | ||||||
| 3 | cause of
action accrued for any personal injury shall be | ||||||
| 4 | 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 | 6 months from the date the injury occurred
or the cause of | ||||||
| 13 | action arose, the Authority is not obligated to furnish a copy
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| 14 | of Section 41 to the person. In the event the Authority fails | ||||||
| 15 | to furnish a
copy
of Section 41 as provided in this Section, | ||||||
| 16 | any action commenced against the
Authority
shall not be | ||||||
| 17 | dismissed for failure to file a written notice as provided in | ||||||
| 18 | this
Section. Compliance with this Section shall be liberally | ||||||
| 19 | construed in favor of
the person required to file a written | ||||||
| 20 | statement.
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| 21 | The changes to this Section made by this amendatory Act of | ||||||
| 22 | the 96th General Assembly apply to causes of action that accrue | ||||||
| 23 | on or after the effective date of this amendatory Act of the | ||||||
| 24 | 96th 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.
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