Appellate Court of Illinois

Denial of defendant's post-trial motion in a negligence case arguing that the notice provided by plaintiff failed to strictly comply with section 41 of the Metropolitan Transit Authority Act because it failed to provide an accurate location for her accident is reversed where: 1) although defendant did not assert a section 41 defense in the first action this did not preclude defendant from raising it again in the new action; 2) defendant filed a motion to dismiss within 13 months after the commencement of plaintiff's second action and 13 months before trial began; and 3) plaintiff's section 41 notice does not comply with the section's strict notice requirements since she fails to provide the correct location of her accident and lists a non-existent location in her notice.

Appellate Information

• Decided 05/04/2008
• Published 05/04/2008

Judges

• Presiding Justice FITZGERALD SMITH delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellant:
  
• General Counsel of the Chicago Transit Authority, Chicago, Darka Papushkewych, General Counsel, Ellen L. Partridge, Deputy General Counsel, Rachel L. Kaplan, Chief Attorney, for Appellant.


• For Appellees:
  
• Timothy M. Gallagher, P.C., Chicago, Timothy M. Gallagher, William E. Hoversen, Jr., for Appellee.