Collins v. Town of Normal

951 N.E.2d 1285, 351 Ill. Dec. 621
CourtAppellate Court of Illinois
DecidedJuly 22, 2011
Docket4-10-0694
StatusPublished
Cited by4 cases

This text of 951 N.E.2d 1285 (Collins v. Town of Normal) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Collins v. Town of Normal, 951 N.E.2d 1285, 351 Ill. Dec. 621 (Ill. Ct. App. 2011).

Opinion

951 N.E.2d 1285 (2011)
351 Ill. Dec. 621

Mary COLLINS, Plaintiff-Appellant,
v.
The TOWN OF NORMAL, a Municipal Corporation, Defendant-Appellee.

No. 4-10-0694.

Appellate Court of Illinois, Fourth District.

July 22, 2011.

*1286 Nile J. Williamson (argued), Peoria, for Mary Collins.

Ellen K. Emery, Pedro Fregoso (argued), Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, Chicago, for Town of Normal.

OPINION

Justice COOK delivered the judgment of the court, with opinion.

¶ 1 On September 22, 2009, plaintiff, Mary Collins, filed a complaint against defendant, the Town of Normal, her former employer, alleging she was discharged in retaliation for the exercise of her rights under the Illinois Workers' Compensation Act (Workers' Compensation Act) (820 ILCS 305/1 through 30 (West 2008)). After several amended complaints, the Town filed a motion to dismiss under section 2-619 of the Code of Civil Procedure (735 ILCS 5/2-619 (West 2008)), arguing that plaintiff's complaint was barred by the one-year statute of limitations set out in section 8-101(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/8-101(a) (West 2008)). On August 25, 2010, the trial court granted the Town's motion to dismiss. Plaintiff appeals, arguing that section 2-101(c) of the Tort Immunity Act (745 ILCS 10/2-101(c) (West 2008)) bars application of section 8-101(a) in this case. Section 13-205 of the Code of Civil Procedure imposes a five-year limitation period on "all civil actions not otherwise provided for." 735 ILCS 5/13-205 (West 2008). The Town recognizes that section 13-205 applies here if section 8-101 does not apply. We reverse and remand.

¶ 2 I. BACKGROUND

¶ 3 Plaintiff alleges that on or about May 30, 2007, she sustained injuries in an accident related to her employment as a crime-scene technician/property manager. Plaintiff originally reported her work injuries to her supervisor on May 30 but was told not to fill out an incident report. On June 12, plaintiff requested her work partner mark her as "out sick." On June 14, plaintiff reported her work injuries to the Town's human resource department and was instructed to make a doctor's appointment. On June 27, plaintiff was verbally counseled, pursuant to department regulations, for the "[u]se of sick leave procedure, fictitious illness or injury reports."

*1287 ¶ 4 As a result of her injuries, plaintiff received benefits under the Workers' Compensation Act. Plaintiff continued to work with weight restrictions. However, on December 14, she was informed her position would not be renewed, effective April 1.

¶ 5 II. ANALYSIS

¶ 6 A. Standard of Review

¶ 7 A trial court's dismissal of a complaint under section 2-619(a)(5) of the Code of Civil Procedure (735 ILCS 5/2-619(a)(5) (West 2008)) for failure to file a claim within the applicable statute of limitations is reviewed de novo. Raintree Homes, Inc. v. Village of Long Grove, 209 Ill.2d 248, 254, 282 Ill.Dec. 815, 807 N.E.2d 439, 443 (2004).

¶ 8 B. Applicability of the Tort Immunity Act

¶ 9 Section 8-101 contains broad language, but section 2-101 contains broad language in the opposite direction.

¶ 10 Section 8-101 of the Tort Immunity Act (745 ILCS 10/8-101(a) (West 2008)) provides:

"(a) No civil action other than an action described in subsection (b) may be commenced in any court against a local entity or any of its employees for any injury unless it is commenced within one year from the date that the injury was received or the cause of action accrued."

¶ 11 Section 2-101 of the Tort Immunity Act (745 ILCS 10/2-101 (West 2008)) provides:

"Nothing in this Act affects the right to obtain relief other than damages against a local public entity or public employee. Nothing in this Act affects the liability, if any, of a local public entity or public employee, based on:
a). Contract;
b). Operation as a common carrier; and this Act does not apply to any entity organized under or subject to the `Metropolitan Transit Authority Act', approved April 12, 1945, as amended;
c). The `Workers' Compensation Act', approved July 9, 1951, as heretofore or hereafter amended;
d). The `Workers' Occupational Diseases Act', approved July 9, 1951, as heretofore or hereafter amended;
e). Section 1-4-7 of the `Illinois Municipal Code', approved May 29, 1961, as heretofore or hereafter amended[;]
f). The `Illinois Uniform Conviction Information Act', enacted by the 85th General Assembly, as heretofore or hereafter amended."

¶ 12 The Tort Immunity Act does not provide broad overall immunity to local public entities. Rather it contains a number of very specific sections identifying where immunity exists. The Tort Immunity Act adopted the general principle from Molitor v. Kaneland Community Unit District No. 302, 18 Ill.2d 11, 20-22, 163 N.E.2d 89, 93-94 (1959), that local governmental units are liable in tort but limited the principle with an extensive list of immunities based on specific government functions. Burdinie v. Village of Glendale Heights, 139 Ill.2d 501, 506, 152 Ill.Dec. 121, 565 N.E.2d 654, 658 (1990). At the opposite end, section 2-101 of the Tort Immunity Act specifies some situations where the Tort Immunity Act does not apply, where there clearly is no immunity. Because of the numerous exceptions to immunity set out in section 2-201, a wide variety of cases have addressed the relationship between sections 2-101 and 8-101. The common thread running through all those cases, however, has been that if an action fits within one of the enumerated exceptions in section 2-101, section 8-101 does not apply.

*1288 ¶ 13 A 1986 case applied the Tort Immunity Act's statute of limitations to a wrongful demolition action, despite the action's specific exclusion from tort immunity under section 2-101(e), reasoning that the word "liability" does not refer to the statute-of-limitations provision of the Tort Immunity Act because a statute of limitations is procedural and does not affect substantive rights. Hapeniewski v. City of Chicago Heights, 147 Ill.App.3d 528, 530-31, 100 Ill.Dec. 217, 497 N.E.2d 97, 98-99 (1986), vacated, 484 U.S. 806, 108 S.Ct. 53, 98 L.Ed.2d 17 (1987). That approach has been rejected. We "see no practical reason for distinguishing the effect of a notice provision from the effect of a statute of limitations provision. Both require a plaintiff to take some sort of action within a specified period and both affect

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Bluebook (online)
951 N.E.2d 1285, 351 Ill. Dec. 621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-town-of-normal-illappct-2011.