Joun W. McDonatp v. Toe Tracners College Boarp

Claimant filed his complaint in this Court on October 18, 1963 alleging:

1. That claimant resided at 509 Nichelson Street, Joliet, Hlinois; [*439] 2. That on the 4th day of September, 1961, claimant, prior to the commencement of the first semester of the academic year 1961-1962, was engaged in the practice of football at Northern Illinois University, DeKalb, Illinois, under the direction and supervision of the Athletic Department of said University; 3. That on the said 4th day of September, 1961, while so participating in the said practice of football, claimant received a blow to his left knee, thereby injuring the same; 4. That on the 5th day of September, 1961, claimant reported to Dr. Otto J. Keller, Director of the Student Department of Health Service, and was advised by the said Dr. Otto J. Keller of the necessity for consultation with an orthopedic specialist:

5. That upon consultation with Dr. Frank H. Hedges, Jr., claimant’s family orthopedic specialist, it was found necessary that claimant submit to an operation; that said operation was performed on the 23rd day of December, 1961; and that all expenses of said operation have been borne and paid by claimant, and without reimbursement of any kind or nature; 6. That the expenses of the operation, as set forth in Paragraph 5, amount to the sum of $831.25, and that, after allowing all set-offs, there is now due and owing claimant by respondent the sum of $831.25; 7. That the said claim has been presented to Northern Illinois University for payment, and the said University, by and through its Athletic Director, George G. Evans, and its co-ordinator of Student Financial Aid, Philip L. Shields, has denied payment of said claim on the grounds that no funds were available to pay said claim; that claimant is the sole owner of said claim: that claimant has made no assignment or transfer of [*440] ininterest thereof, and prays judgment against respondent herein in the sum of $831.25.

Attached to the complaint is exhibit A, which sets forth the amount of the doctor’s statement and hospital bills, totaling $831.25.

On November 7,1963, respondent, The Teachers College Board, filed a motion to dismiss this matter, and furnished therewith a proof of service of a copy on counsel for claimant. No objections were filed to the motion, and this cause now comes on for hearing upon the complaint and motion filed by respondent thereto.

The question presented here concerns Chap. 37, Secs. 439.22-1 and 439.22-2 of the 1961 Ill. Rev. Stats., which reads as follows:

“Within six months from the date that such injury was received or such a cause of action accrued, any person, who is about