Girman v. County of Cook

Defendant Cook County brought this permissive interlocutory appeal from an order denying its motion to dismiss plaintiff’s wrongful death action. The basis for defendant’s motion was that plaintiff, as administrator of the decedent’s estate, had failed to comply with the requisite 1-year notice requirement of the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. Stat. 1979, ch. 85, pars. 8—102 and 8—103). Consequently, plaintiff is alleged to be barred from maintaining the wrongful death action. The trial court denied the motion to dismiss, holding that the presence…