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Fujimura v. Chicago Transit Authority

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eBook details

  • Title: Fujimura v. Chicago Transit Authority
  • Author : Supreme Court of Illinois
  • Release Date : January 20, 1977
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 71 KB

Description

Each of the plaintiffs in the seven personal injury cases consolidated in this appeal filed suit in the circuit court of Cook County against the Chicago Transit Authority (CTA), a municipal corporation, and other parties not relevant to this appeal. The CTA moved to dismiss the complaints as to it for failure to comply with the six-month-notice and one-year statute-of-limitations provisions of section 41 of the Metropolitan Transit Authority Act (Ill. Rev. Stat. 1973, ch. 111 2/3, par. 341). The circuit court ruled that this statute was unconstitutional, denied the defendant's motion to dismiss, and found that its order involved an identified question of law as to which there is substantial ground for a difference of opinion and that immediate appeal might materially advance the ultimate termination of the litigation, thus permitting the CTA to seek leave to appeal pursuant to our Rule 308(a) (58 Ill.2d R. 308(a)). The appellate court allowed the motion for the interlocutory appeal, and we allowed a motion to take that appeal to this court under our Rule 302(a) and (b) (58 Ill.2d R. 302(a), (b)). The CTA was created pursuant to the earlier cited Metropolitan Transit Authority Act and operates under it so far as here relevant. Section 41 of that act provides:


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