(40 ILCS 5/22-308) (from Ch. 108 1/2, par. 22-308)
Sec. 22-308.
Action by city or village against third party.
Where the death of a policeman or fireman for which an award or
allowance of money is payable by any city or village under any ordinance
enacted pursuant to the provisions of this Division, was not proximately
caused by the negligence of such city or village, and was caused under
circumstances creating a legal liability for damages on the part of some
person other than such city or village, then legal proceedings may be taken
against such other person to recover damages notwithstanding such award or
allowance by such city or village. If the action against such other person
is brought by the personal representative of such deceased policeman or
fireman, and judgment is obtained and paid, or settlement is made with such
other person, either with or without suit, then the amount received by such
representative shall be deducted from such award or allowance. Such city or
village may have or claim a lien upon any judgment or fund out of which
such representative might be compensated from such third party, for any
moneys paid out of such award or allowance previous to such judgment or
settlement.
Where action is brought by the representative of a deceased policeman or
fireman, the personal representative shall forthwith notify such city or
village by personal service or registered mail, of such fact and of the
name of the court in which such suit is brought, filing proof of such
notice in such action. Such city or village may, at any time thereafter,
join in said action upon its own motion, and proper orders of court after
hearing and judgment shall be made for the protection of such city or
village. No release or settlement of claim for damages by reason of such
death, and no satisfaction of judgment in such proceedings, shall be valid
without the written consent of such city or village or of any board of
trustees authorized by ordinance to administer the fund herein created,
excepting that such consent shall not be required where such city or
village has been fully indemnified or protected by Court order.
Where the personal representative of such deceased policeman or fireman
fails to institute a proceedings against such third person at any time
prior to 3 months before said action would be barred at law, such city or
village may in its own name, or in the name of the personal representative,
commence a proceeding against such other person for the recovery of damages
on account of such death. From any amount so recovered such city or village
shall pay to the personal representative of such deceased policeman or
fireman all sums collected from such other person by judgment or otherwise
in excess of the amount of any award or allowance of money paid or to be
paid under this Division, and such costs, attorney's fees and reasonable
expenses as may be incurred by such city or village in making such
collection or in enforcing such liability. No payment shall be made by such
city or village on account of any award or allowance of money made under
the provisions of any ordinance enacted pursuant to this Division, during
the pendency, for trial or on appeal, of such suit for damages unless such
city or village is fully protected in such suit by Court order.
(Source: Laws 1963, p. 161.)
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