Litigation

CTA NOTICE PROVISION REPEALED

By Mark P. Loftus, Esq.

Finally, the Illinois legislature has done away with the ridiculous Chicago Transit Authority [CTA] notice provisions!!! Prior to June 1, 2009, anyone wishing to sue the CTA was obligated, pursuant to 70 ILCS 3605/41, to file a very specific Notice[often referred to as the "Section 41 Notice"]. The Notice was to be provided to the Secretary of the Transit Board, as well as the Office of the General Counsel of the CTA. The Notice was to include certain information, including, but not limited to the date and time of the occurrence, as well as the precise location of the occurrence. If the information provided in the Notice was in any way incorrect, the old statute provided that the trial judge had to toss the case - even if the mistakes were of a technical nature, with no impact on the actual merit of the case.

But no more!! On Monday, June 1, 2009, Governor Quinn signed Senate Bill 84[CTA Section Notice Repeal] into lawl Senate Bill 84 is now Public Act 96-0012. It should be noted that the repeal only applies to causes of action accruing on or after the effective date of the the Act - June 1, 2009. The Statute of Limitations against the CTA remains one year.

Kudos to bill sponsor Senator Ira Silverstein and Representative Al Riley.

Full post as published by Illinois Lawyer Blog on June 10, 2009 (boomark / email).