Cummings v. Board of Governors of State Colleges & Universities

OPINION

Sommer, J.

This is a personal injury claim in which the Claimant did not file the notice required by section 22 — 1 of the Court of Claims Act. (Ill. Rev. Stat. 1989, ch. 39, pars. 439.22-1, 439.22-2.) The Respondent has filed a motion to dismiss.

The Claimant filed an action for damages for personal injury arising from the same facts in the circuit court. The Respondent entered a “Special and Limited Appearance” in the circuit court and moved to dismiss on the grounds that the Board of Governors cannot be a defendant in a claim for damages for personal injury in the circuit court. The…