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NIEHAUS v. RURAL PEORIA CTY. COUN. ON AGING, INC.

No. 3-99-0365.

732 N.E.2d 132 (2000)

314 Ill. App.3d 665

247 Ill.Dec. 416

Bertha Lucille NIEHAUS, Plaintiff-Appellant, v. RURAL PEORIA COUNTY COUNCIL ON AGING, INC., and Larry Brackett, Defendants-Appellees.

Appellate Court of Illinois, Third District.

June 23, 2000.

Attorney(s) appearing for the Case

John A. Slevin (argued), Vonachen, Law-less, Trager & Slevin, Peoria, for Bertha Lucille Niehaus.

James W. Springer (argued), Kavanagh, Scully, Sudow, White & Frederick, P.C., Peoria, for Larry K. Brackett, Institute of Physical Medicine & Rehabilitation, Rural Peoria County Council on Aging, Inc.

Justice KOEHLER delivered the opinion of the court:

The plaintiff-appellant, Bertha LucilleNiehaus, appeals the Peoria County circuit court's grant of the defendant, Rural Peoria County Council on Aging's (RPCCA), motion to dismiss her negligence action because it was filed beyond the limitation of actions period provided in the Illinois Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act or Act) (745 ILCS 10/8-101 (West 1996)). The...

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