Harris v. Chicago Transit Authority

700 N.E.2d 759, 299 Ill. App. 3d 152, 233 Ill. Dec. 231, 1998 Ill. App. LEXIS 613
CourtAppellate Court of Illinois
DecidedSeptember 11, 1998
Docket1-97-3791
StatusPublished

This text of 700 N.E.2d 759 (Harris v. Chicago Transit Authority) 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
Harris v. Chicago Transit Authority, 700 N.E.2d 759, 299 Ill. App. 3d 152, 233 Ill. Dec. 231, 1998 Ill. App. LEXIS 613 (Ill. Ct. App. 1998).

Opinion

PRESIDING JUSTICE CAMPBELL

delivered the opinion of the court:

Plaintiff, Shaquilla Harris, appeals from an order of the circuit court of Cook County dismissing her action against defendant, the Chicago Transit Authority (CTA), as time-barred by the one-year statute of limitations set forth in section 41 of the Metropolitan Transit Authority Act (the Act). 70 ILCS 3605/41 (West 1996). On appeal, plaintiff contends that her action was timely filed within the two-year statute of limitations period set forth in section 13 — 211 of the Illinois Code of Civil Procedure (Code). 735 ILCS 5/13 — 211 (West 1996). For the following reasons, we reverse the judgment of the trial court.

The following facts are relevant to this appeal. On January 30, 1992, plaintiff was injured while a passenger on a CTA bus. Plaintiff was born on May 8, 1977. At the time of the accident, plaintiff was 14 years old.

Six months after the accident, plaintiff retained counsel and filed a notice of personal injury with the CTA. On May 8, 1997, plaintiff s twentieth birthday, plaintiff filed a one-count complaint against the CTA, alleging that she was injured when the doors of the CTA bus opened while the bus was in motion, throwing her to the ground. On May 21, 1997, plaintiff filed her first amended complaint.

On July 14, 1997, the CTA filed a motion to dismiss plaintiff’s complaint pursuant to section 2 — 619(a)(9) of the Code and section 41 of the Act. On September 11, 1997, the trial court granted the CTA’s motion and dismissed plaintiff’s complaint with prejudice on the ground that plaintiff failed to bring her action against the CTA within one year after her eighteenth birthday. Plaintiff filed a timely notice of appeal of this order on October 6, 1997.

On appeal, plaintiff contends that the trial court erred in dismissing her complaint as untimely filed. Plaintiff argues that the two-year statute of limitations in section 13 — 211 of the Illinois Code of Civil Procedure controls her claim for injuries sustained while a passenger on a CTA bus, rather than the one-year limitations provision of section 41 of the Act.

Section 41 of the Act provides in pertinent part as follows: “No civil action shall be commenced in any court against the Authority by any person for any injury to his person unless it is commenced within one year from the date that the injury was received or the cause of action accrued.” 70 ILCS 3605/41 (West 1996).

Plaintiff argues that her complaint was timely filed pursuant to section 13 — 211 of the Code, which sets forth a two-year statute of limitations for personal injury actions brought by minors, as follows:

“If the person entitled to bring an action, specified in Sections 13 — 201 through 13 — 210 of this Act, at the time the cause of action accrued, is under the age of 18 years, or is under a legal disability, then he or she may bring the action within 2 years after the person attains the age of 18 years, or the disability is removed.” 735 ILCS 5/13 — 211 (West 1996).

Section 13 — 202 of the Code, incorporated by section 13 — 211 above, provides a two-year statute of limitations for actions for personal injury. 735 ILCS 5/13 — 202 (West 1996). Thus, the Code provides a two-year limitations period for filing a personal injury action from the date of a minor’s eighteenth birthday.

The relationship between section 41 of the Act and section 13— 211 has not been previously addressed by this court. Prior to this time, in Serafini v. Chicago Transit Authority, 74 Ill. App. 3d 738, 393 N.E.2d 1120 (1979), this court addressed a conflict between the two-year limitations period for personal injuries set forth in section 21 of the former Limitations Act (Ill. Rev. Stat. 1977, ch. 83, par. 1 et seq.), with the one-year limitations period in section 41 of the Act, and held that while the one-year limitations period of section 41 of the Act provides no exceptions in favor of minors:

“statutes general in their terms have been frequently construed to contain exceptions in favor of minors in cases in which the minor’s meritorious cause of action would otherwise have been barred due to the neglect or incompetence of his next friend, guardian or parent filing suit on his behalf. [Citations]. It was under these circumstances that it was said that a minor should not be precluded from enforcing his rights unless clearly debarred from doing so by some statute or constitutional provision.” Serafini, 74 Ill. App. 3d at 739.

In Serafini, this court relied on Carlson v. Village of Glen Ellyn, 21 Ill. App. 2d 335, 158 N.E.2d 225 (1959), which considered the applicability of section 1 — 10 of the Revised Cities and Villages Act (Ill. Rev. Stat. 1957, ch. 24, par. 1 — 10) (Villages Act) to a suit filed by an injured minor’s next friend one year and one day after the minor was injured on the CTA. Section 1 — 10 of the Villages Act provided a one-year statute of limitations for the commencement of a civil action for injuries. The Carlson court reversed the dismissal of the plaintiff’s complaint, stating that the only effect of the shorter limitation period of the Villages Act on the general limitations was to substitute that shorter period in all actions for personal injuries against municipalities, leaving the exception as to infants in full force and effect.

The Serafini court noted that the Carlson court did not expressly hold that section 21 of the Limitations Act applied rather than section 1 — 10 of the Villages Act. The Serafini court thus construed Carlson as holding that the one-year limitations period of the Villages Act was tolled during the plaintiffs infancy and began to run after attaining majority. In light of Carlson, the Serafini court held that, “when a minor is allegedly injured as a result of the negligence of the CTA, he has one year from the date of the injury or one year from the date of attaining majority, whichever is later, to commence his action.” Serafini, 74 Ill. App. 3d at 741.

Plaintiff points out that at the time of Serafini, section 12 of the Limitations Act provided that statutes of limitations for personal injuries could only be commenced within the periods prescribed, “except when a different limitation is prescribed by statute.” Ill. Rev. Stat. 1977, ch. 83, par. 13. In 1982, the Code was amended to remove the above-quoted supplanting language. Thus, actions now brought by minors are not subject to a different limitations period where another limitations period is prescribed by statute. Although plaintiff urges this court to overrule Serafini in light of the enactment of the Code of Civil Procedure in 1982, we decline to do so. The Serafini court merely held that the one-year period of section 41 was tolled only until the plaintiff attained majority.

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Bluebook (online)
700 N.E.2d 759, 299 Ill. App. 3d 152, 233 Ill. Dec. 231, 1998 Ill. App. LEXIS 613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-chicago-transit-authority-illappct-1998.