Oda v. Elk Grove Union Grammar School District

THOMPSON, J. This suit was instituted by plaintiff, a minor, through his duly appointed guardian against defendant school district, to recover damages to plaintiff as a result of the alleged negligence of a driver of a school bus owned by defendant district.

The defendant made a motion for nonsuit after the introduction of certain evidence, both oral and documentary. After a hearing thereof the trial court entered an order granting the motion for nonsuit, and thereafter a judgment of dismissal was entered. The motion for nonsuit was granted and the judgment of dismissal entered on the ground that the claim filed by plaintiff with the school district pursuant to section 2.801 of the School Code, was fatally defective in that it was not a verified claim as required by law.

It was stipulated between the parties subsequent to the entry of judgment that the only question to be determined was that of substantial compliance with section 2.801 of the School Code. Plaintiff has confined his argument on the present appeal to the sole question as to whether the foregoing [553]section of the School Code has not been substantially complied with even though there was a failure to verify the claim filed with the school district.

Plaintiff contends that since the claim required by the provisions of section 2.801 sufficiently apprised the school district of all matters necessary for a proper investigation concerning the merits thereof, that the purpose for the requirement of such a claim has been fulfilled and that no further benefit could have been derived by its having been verified. In support of his argument that it should be deemed that the filing of the unverified claim with the school district nevertheless constituted a substantial compliance with the pertinent code provision, the plaintiff points to the language employed in paragraph 3 of Preliminary Provisions of the School Code. This language is as follows:

“The Code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.”

It is urged by plaintiff that the effect given to the provisions of section 2.801 by the trial court, resulted in a strict construction of the terms thereof rather than a liberal one such as is enjoined upon the courts by the application of the mandate contained in the language of paragraph 3 above mentioned.