Stephens v. McBride

In Stephens v. McBride (1982), 105 Ill. App. 3d 880, 435 N.E.2d 162, 61 Ill. Dec. 673, the Court held that the public policy underlying the right of contribution outweighs the underlying notice provisions of the Local Governmental and Governmental Employees Tort Immunity Act. That court held that the failure to comply with the notice provisions of the Act provides a bar only in direct suits against the local entity. That Court also ruled that substantial compliance with the notice provision of the Local Governmental and Governmental Employees Tort Immunity Act is sufficient, and that the notice requirement was to be liberally construed. In Stephens, the court went on to rule that the alleged defect of the notice claim under the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. Stat., ch. 85, par. 8--101), was secured by filing the complaint before the expiration of the time to file the notice. Finally, the court ruled that the notice provision of the Local Governmental and Governmental Employees Tort Immunity Act is not a condition precedent to bring the suit, but a limitation provision which can be waived.