Thomas v. Davenport

Plaintiff-appellant, James Thomas (Thomas), appeals from an order of the circuit court of Cook County which dismissed with prejudice his medical malpractice action for failure to comply with the notice requirements of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. Rev. Stat. 1985, ch. 85, par. 1 — 101 et seq.). On appeal, Thomas argues that (1) the statutory time period for serving a notice of injury upon a public entity should be tolled until the plaintiff knows or reasonably should have known of his injury and that it was wrongfully caused; (2)…