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| Public Act 096-0012 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Metropolitan Transit Authority Act is | ||||
amended by changing Section 41 as follows:
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(70 ILCS 3605/41) (from Ch. 111 2/3, par. 341)
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Sec. 41. No civil action shall be commenced in any court | ||||
against the
Authority by any person for any injury to his | ||||
person unless it is commenced
within one year from the date | ||||
that the injury was received or the cause of
action accrued.
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Within six (6) months from the date that such an injury was
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received or such cause of action accrued, any person who is | ||||
about to
commence any civil action in any court against the | ||||
Authority for damages on
account of any injury to his person | ||||
shall file in the office of the
secretary of the Board and also | ||||
in the office of the General Counsel for
the Authority either | ||||
by himself, his agent, or attorney, a statement, in
writing, | ||||
signed by himself, his agent, or attorney, giving the name of | ||||
the
person to whom the cause of action has accrued, the name | ||||
and residence of
the person injured, the date and about the | ||||
hour of the accident, the place
or location where the accident | ||||
occurred and the name and address of the
attending physician, | ||||
if any. If the notice provided for by this section is
not filed | ||||
as provided, any such civil action commenced against the
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Authority shall be dismissed and the person to whom any such | ||
cause of
action accrued for any personal injury shall be | ||
forever barred from further
suing.
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Any person who notifies the Authority that he or she was | ||
injured or has a
cause of action shall be furnished a copy of | ||
Section 41 of this Act. Within
10
days after being notified in | ||
writing, the Authority shall either send a copy by
certified | ||
mail to the person at his or her last known address or hand | ||
deliver a
copy to the person who shall acknowledge receipt by | ||
his or her signature. When
the Authority is notified later than | ||
6 months from the date the injury occurred
or the cause of | ||
action arose, the Authority is not obligated to furnish a copy
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of Section 41 to the person. In the event the Authority fails | ||
to furnish a
copy
of Section 41 as provided in this Section, | ||
any action commenced against the
Authority
shall not be | ||
dismissed for failure to file a written notice as provided in | ||
this
Section. Compliance with this Section shall be liberally | ||
construed in favor of
the person required to file a written | ||
statement.
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The changes to this Section made by this amendatory Act of | ||
the 96th General Assembly apply to causes of action that accrue | ||
on or after the effective date of this amendatory Act of the | ||
96th General Assembly. | ||
(Source: P.A. 90-451, eff. 7-1-98.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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