Niziolek v. Chicago Transit Authority

Scott Niziolek (plaintiff) brought a personal injury action against the Chicago Transit Authority (CTA) and Leroy Carter (Carter) to recover damages for injuries he allegedly sustained when his automobile was struck from behind by a CTA bus driven by Carter. The trial court granted the CTA’s motion to dismiss (Ill. Rev. Stat. 1991, ch. 110, par. 2 — 619 (now 735 ILCS 5/2 — 619 (West 1992))) on the ground that plaintiff’s claim was barred because he failed to give proper written notice to the secretary of the board and to the CTA’s general counsel within six months of the accident as required…