HELEN HARTZEL HAIR, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought damages for injuries sustained when struck by a state motorcycle officer on duty. The court sustained the state's demurrer as a matter of law but made an award in the interest of social justice.

Claim type: Personal Injury Negligence

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

Headnotes

PERSONAL INJURY-when an award will be made. Where it appears that OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLE-

PERSONAL INJURY-when an award will be made. Where it appears that it is in the interest of social justice and the public welfare, an award will be made for actual damages sustained on account of personal injuries received by being struck by a vehicle driven by a state highway officer. ASSA M. MOORE, for claimant. OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLETON, Assistant Attorney General, for respondent.

MR. JUSTICE LEECH delivered the opinion of the court:

The claimant in this case alleges, in her declaration filed on May 25th, 1927, that she was injured by reason of having been struck by a motorcycle, driven by a State Motorcycle Officer, Harold Lenox, on a State road, being Route 2, leaving from Amboy to Dixon, Illinois, while said officer was in the performance of his duties, said accident having occurred on June 15th, 1926; that as a result of said accident she was bruised, injured and wounded and her left leg was broken.

Claimant asks only her actual damages sustained. The demurrer filed by the Attorney General of the State of Illinois, is sustained as a matter of law.

In the interest of social justice and the public welfare, we believe that an award should be made in this case, and we accordingly award the claimant the sum of Four Hundred Sixtynine Dollars and Fifty Cents ($469.50).