NO. 4-06-0415 Filed: 12/15/06
IN THE APPELLATE COURT
JAMES GRIFFIN, ) Appeal from
Plaintiff-Appellant, ) Circuit Court of
v. ) Moultrie County
BRENDA R. WILLOUGHBY, ) No. 05L7
) Dan L. Flannell,
) Judge Presiding.
JUSTICE COOK delivered the opinion of the court:
On April 26, 2005, plaintiff, James Griffin, filed a
complaint against defendant, school-bus driver Brenda R.
Willoughby, alleging her negligence in a collision that occurred
on February 18, 2004. The trial court dismissed the suit with
On appeal, plaintiff contends the one-year limitations
period found in section 8-101 of the Local Governmental and
Governmental Employees Tort Immunity Act (Tort Immunity Act) (745
ILCS 10/8-101 (West Supp. 2003)) does not apply to his action.
Alternatively, plaintiff urges defendant was equitably estopped
from asserting the limitations period and the limitations period
was equitably tolled. Because section 8-101's one-year limita-tions
period applies and neither equitable estoppel nor equitable
tolling precludes its enforcement, we affirm.
On April 26, 2005, plaintiff filed a complaint against
defendant, alleging defendant's negligence in a collision that