ETTA TREGO, ADMINISTRATRIX OF THE ESTATE OF JOHN TREGO, Deceased, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought damages for the loss of an eye suffered by John Trego while employed maintaining a hard road for the State. The court denied the claim because the records did not show death resulted from the accident, no wage loss was proven, and the facts were doubtful.
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Headnotes
- PERSONAL INJURY-when award will not be made. Where it appears from the evidence that claimant's death did not result from injuries sustained in course of employment no award will be made.
It appears that John Trego, now deceased, was employed by the defendant, the State of Illinois, in the maintenance of [*194] LINDBERG v. STATE OF ILLINOIS. a hard road east of Creston and West of DeKalb, Illinois, and while thus engaged, it is complained that one of his eyes was injured in course of employment, by reason of a piece of rock flying into his eye.
It appears that there is some controversy as to which eye was injured and it is not altogether clear as to the cause of the injury.
The defendant by the Attorney General comes and defends and sets up the question of doubt as to the facts in the case, and it appears to the court that the records do not disclose that Trego came to his death on account of this accident.
The issue appears to be damages on account of the loss of the sight of an eye, and the records do not show that he was deprived of wages during the time of his illness, on account of this accident, and on the face of the record, we do not believe the State of Illinois is responsible in the matter of damages.
Therefore, it is recommended that the claim be dismissed.