Reynolds v. City of Tuscola

Rehearing denied May 26, 1971. Plaintiff, Dorothy Reynolds, filed suit against the City of Tuscola for damages for injuries sustained on June 29, 1969,
as a result of the alleged negligence of defendant. The complaint alleged that on or about September 25, 1969, plaintiff served
notice on the defendant by registered mail, return receipt requested, addressed to Keith Sunderland, City Clerk. A copy of
a receipt for registered mail bearing the signature "Keith Sunderland" was attached to the complaint. On February 10, 1970,
the defendant filed a motion to dismiss alleging that the notice of injury "was not personally served but was mailed" contrary
to the requirements of section 8-102 of the Local Governmental and Governmental Employees Tort Immunity Act. (Ill. Rev. Stat.
1969, ch. 85, par. 8-102.) On May 6, 1970, the circuit court of Douglas County entered judgment dismissing the complaint "with
prejudice". The court found that service of the notice of injury in question by registered mail, return receipt requested,
does not constitute personal service as required by section 8-102, and further found that the statutory requirement does not
violate any provision of either the constitution of the United States or the constitution of the State of Illinois.