People Ex Rel. Department of Transportation v. City of Chicago

This appeal arises from the dismissal of plaintiff’s action because of its failure to comply with the statutory notice requirement of the Local Governmental and Governmental Employee’s Tort Immunity Act. (Ill. Rev. Stat. 1971, eh. 85, par. 8 — 102.) Plaintiff contends that (1) the State, acting in its sovereign capacity, is not a “person” within the meaning of the Act, and (2) even if it is subject to the provisions of the Act, it substantially complied with the notice requirements.

Plaintiff initially filed its complaint on September 26, 1973. It subsequently filed a third amended complaint…