Lawsuit Against Transit District Relating to Bus Accident Time-Barred by Tort Immunity Act
Kelley was injured in a multi-vehicle accident that involved a bus operated by a unit of local government (Rides Mass Transit District). She subsequently sued to recover damages, and RMTD filed a motion to have the case dismissed, arguing that Kelley did not file her claim within the one year statute of limitations under the Tort Immunity Act. Kelley, on the other hand, argued that the one year statute of limitations did not apply because of the "common carrier" exception to that statutory time limit for filing a lawsuit against a unit of government.
The case made its way to the appellate court, which ruled in favor of RMTD. Specifically, the court held that the "common carrier" exception to the one year time limit to file a lawsuit did not apply in this case. Although RMTD was a common carrier, it was not a common carrier to Kelley, because she was not a passenger of the bus when the accident occurred. As a result, the court determined that Kelley's lawsuit was not timely filed, and should be dismissed. Kelley v. Bonham, 2018 IL App (5th) 170103-U
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