745 ILCS 15/ County Engineer and Highway Superintendent Liability Act.

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745 ILCS 15/0.01

(745 ILCS 15/0.01) (from Ch. 121, par. 380)

Sec. 0.01.

Short title.

This Act may be cited as the
County Engineer  and Highway Superintendent Liability Act.

(Source: P.A. 86-1324; 87-217.)

745 ILCS 15/1

(745 ILCS 15/1) (from Ch. 121, par. 381)

Sec. 1.

It is the public policy of this State that county
engineers and superintendents of highways should not suffer
pecuniary loss because of any injury to persons or property
resulting from their failure to perform or negligence in performing
any official duty and which injury arises out of the use of highways,
culverts, bridges, or shoulders for which they have some degree of
supervisory, maintenance, repair or construction responsibility and
that persons who suffer such injury should not be entirely precluded
from recovery of loss occasioned by any such injury.

(Source: P.A. 87-217.)

745 ILCS 15/2

(745 ILCS 15/2) (from Ch. 121, par. 382)

Sec. 2.

No civil action shall be commenced against any county
engineer  or superintendent of highways by any person for any injury
to his person or property resulting from the county engineer's  or
superintendent of highways' failure to perform or negligence in performing
any official duty and which injury arises out of the use of highways,
culverts, bridges, or shoulders unless it is commenced within one year
after the cause of action accrued.

(Source: P.A. 87-217.)

745 ILCS 15/3

(745 ILCS 15/3) (from Ch. 121, par. 383)

Sec. 3.

Within 6 months after the date that any such injury was received,
any person who is about to commence any civil action against any county
engineer or superintendent of highways on account of that injury shall file
in the office of that county engineer  or superintendent of highways and in
the office of the State's Attorney of the county in which the cause of
action arose, either by himself, his agent or attorney, a statement in
writing signed by him, his agent or attorney, giving the name of the person
to whom the cause of action has accrued, the place or location where the
injury occurred, the nature of the injury and the name and address of the
attending physician, if any.

(Source: P.A. 87-217.)

745 ILCS 15/4

(745 ILCS 15/4) (from Ch. 121, par. 384)

Sec. 4.

If the notice provided for by Section 3 is not filed as required
therein, any such civil action commenced against any county engineer or
superintendent of highways shall be dismissed and the person to whom any
such cause of action accrued shall be forever barred from further suing.

(Source: P.A. 87-217.)

745 ILCS 15/5

(745 ILCS 15/5) (from Ch. 121, par. 385)

Sec. 5.

In any such civil action where it is found that there was no
contributory negligence attributable to the plaintiff and that there was
actionable negligence attributable to the defendant, the court or jury, as
the case may be, may grant fair and reasonable compensation for the injury
sustained but not in excess of $10,000.

(Source: Laws 1961, p. 3188.)

745 ILCS 15/6

(745 ILCS 15/6) (from Ch. 121, par. 386)

Sec. 6.

The county shall indemnify the county engineer or superintendent
of highways for any judgment recovered against him in any such action and
also any cost incurred in defense of such action.

(Source: P.A. 87-217.)

745 ILCS 15/7

(745 ILCS 15/7) (from Ch. 121, par. 387)

Sec. 7.

This Act shall apply only to such causes of action as may
accrue after the effective date of this Act as the result of use of the
highways.

(Source: Laws 1961, p. 3188.)