Helle v. Brush

The sole issue for our determination in this case is whether a timely counterclaim may be filed by the defendant, Billy G. Brush, against the plaintiff and counterdefendant, Lloyd C. Helle, Highway Commissioner for Lee Township Road District, a public entity, under the provisions of the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. Stat. 1967, ch. 85, par. 8—102), when the underlying suit and counterclaim arise from the same occurrence. The trial court and appellate court (2 Ill. App. 3d 951) held that the defendant’s counterclaim was barred because of his failure…