Gent v. Collinsville Volkswagen

Anna Lando (plaintiff) appeals from an order entered on January 31, 1984, by the circuit court of Cook County which dismissed with prejudice her cause of action seeking damages for personal injury from the defendant, city of Chicago (city). The trial court found that plaintiffs notice to the city failed to comply with the notice provisions of the Local Government and Governmental Employees Tort Immunity Act (Act) (Ill. Rev. Stat. 1981, ch. 85, par. 8-102). On appeal, plaintiff contends: (1) that her notice of injury "substantially complied" with the requirements of the Act; (2) assuming arguendo that her notice did not constitute substantial compliance, the information conveyed in subsequent letters served to "amend" her initial notice and cured any defects in the notice; and (3) the report of the city of Chicago paramedics constituted "actual notice" sufficient to cure any defects in her written notice.