Copes v. Northeast Illinois Regional Commuter Railroad Corporation
45 N.E.3d 1123
Ill. App. Ct.2016Background
- Copes slipped and fell on a wet/icy Metra Electric platform on Dec. 2, 2011 and sued NIRCRC (doing business as Metra) on Oct. 29, 2013 for personal injuries.
- NIRCRC moved to dismiss under Ill. C.C.P. § 2-619(a)(5), arguing the suit was time-barred by the one-year limitations in 70 ILCS 3615/5.03 (Regional Transportation Authority Act) and by the Local Governmental Tort Immunity Act.
- Copes argued § 5.03 applies only to the Regional Transportation Authority (the Authority) and that general two-year personal-injury limitations governed.
- NIRCRC relied on 70 ILCS 3615/2.20(a)(x), which grants NIRCRC the same "exemptions, restrictions and limitations" as the Authority, to contend § 5.03 applies to it.
- The trial court initially denied dismissal but later granted NIRCRC’s renewed § 2-619 motion, holding § 5.03’s one-year limitations period applies to NIRCRC; Copes appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the one-year limitations period in 70 ILCS 3615/5.03 applies to NIRCRC | § 5.03 applies only to the Authority, not to separate transportation agencies like NIRCRC; therefore Copes’ suit is timely under the two-year general personal-injury limitation | § 2.20(a)(x) gives NIRCRC the same "exemptions, restrictions and limitations" as the Authority, so § 5.03’s one-year limitations period applies to NIRCRC and bars the suit | Court held § 5.03 applies to NIRCRC via § 2.20(a)(x); Copes’ suit was untimely and dismissal affirmed |
Key Cases Cited
- Ferguson v. City of Chicago, 213 Ill. 2d 94 (de novo review of limitations dismissal)
- Feltmeier v. Feltmeier, 207 Ill. 2d 263 (statutory construction reviewed de novo)
- Hoogasian v. Regional Transportation Authority, 58 Ill. 2d 117 (upholding Authority’s creation)
- Pace v. Regional Transportation Authority, 346 Ill. App. 3d 125 (describing Authority and service boards)
- Stroger v. Regional Transportation Authority, 201 Ill. 2d 508 (discussing Act amendments and purposes)
- Hubble v. Bi-State Development Agency, 238 Ill. 2d 262 (purpose of one-year limitation for local governmental entities)
- Barton v. Chicago & North Western Transportation Co., 325 Ill. App. 3d 1005 (treatment of NIRCRC under the Act)
- Smith v. Northeast Illinois Regional Commuter R.R. Corp., 210 Ill. App. 3d 223 (recognizing NIRCRC as a local governmental entity)