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Joe La Flamme v. State of Illinois

5 Ill. Ct. Cl. 388 Illinois Court of Claims Filed 1927-05-18 No. 1184
Disposition: (No. 1184-Claimant awarded $424.78.) Award: $424.78 Agency: Department of Public Works and Buildings
Cite as: Joe La Flamme v. State of Illinois, 5 Ill. Ct. Cl. 388 (1927)

JOE LA FLAMME, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought $424.78 for damage to his car from a collision with a state employee. The court sustained a demurrer to the declaration but, based on a recommendation from the Director of Public Works and Buildings that the claim was equitable and just, awarded the full amount.

Claim type: Property Damage

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. REIMBURSEMENT-award may be made. Damage to property. Where OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLE-

REIMBURSEMENT-award may be made. Damage to property. Where there is no dispute as to the facts in this case, and the claim being equitable and just, the court may enter an award in favor of claimant for damage to his property. JOHN H. WALKER, for claimant. OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLETON, Assistant Attorney General, for respondent.

MR. JUSTICE LECHT delivered the opinion of the court:

The declaration filed by claimant in this case alleges that on July 1, 1926, he was driving from Chicago Heights to Streator, Illinois, on State Bond Route No. 17; that while driving toward Streator on said date he collided with William Winkle; that at the time and place of said accident, claimant was driving at a legal and reasonable rate of speed, using all due care and caution for his own safety and the safety of others, on the right hand side of said road; that as a result of said collision it was necessary, and he did expend in and about the repairing of said car the sum of $424.78; that said William Winkle was an employee of the State of Illinois.

A demurrer was filed to this declaration by the Attorney General, which is sustained, as a matter of law.

A letter from C. R. Miller, Director of Public Works and Buildings, who investigated this claim, recommends that an award be granted and states that the claim is equitable and just.

We accordingly make an award to claimant of $424.78.

Official volume 5 (Containing cases in which opinions were filed between July 1, 1923–June 30, 1927)  ·  All opinions in this volume  ·  Also on CourtListener

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