(DOWNLOAD) "In Re Marriage of Gryka" by Illinois Appellate Court — First District (4Th Division) Judgment Affirmed * eBook PDF Kindle ePub Free
eBook details
- Title: In Re Marriage of Gryka
- Author : Illinois Appellate Court — First District (4Th Division) Judgment Affirmed
- Release Date : January 13, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Defendant Cook County brought this permissive interlocutory appeal from an order denying its motion to dismiss plaintiffs wrongful death action. The basis for defendants motion was that plaintiff, as administrator of the decedents 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 of two minor beneficiaries of the wrongful death action excused the notice requirement of the Local Governmental and Governmental Employees Tort Immunity Act. Defendant then filed for leave to appeal from that interlocutory order, which we granted, pursuant to Supreme Court Rule 308 (Ill. Rev. Stat. 1979, ch. 110A, par. 308). We affirm.
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