C. J. FREDRICKSON, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought $173.93 for damage to his automobile caused by a State truck driver's negligence. The court denied the claim, holding that the State is not liable for employee negligence absent a statute, and the remedy is against the driver personally.

Claim type: Property Damage

Cases cited: Gibbon v. U. S., 8 Wal. 268; Minear v. State Board of Agriculture, 259 Ill. 549; Mollenbeck v. Winnebago Co., 95 Ill. 148; Cooney v. Town of Hartland, 95 Ill. 516

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

Headnotes

PROPERTY DAMAGE-when no award will be made for. Where property NEGLIGENCE-State is not liable for negligence of its employees. No gov-

PROPERTY DAMAGE-when no award will be made for. Where property damage results from the negligence of a State employee no award will be made for such damages. NEGLIGENCE-State is not liable for negligence of its employees. No government is liable for the negligence of its employees in the absence of a statute making it liable for such negligence. ALSCHULER, PUTNAM, FLANNIGEN & JOHNSON, for claimant. OSCAR E. CARLSTROM, Attorney General; ROY D. JOHNSON, Assistant Attorney General, for respondent.

MR. JUSTICE THOMAS delivered the opinion of the court:

This claim is for $173.93 damages to claimant's automobile caused by the driver of a State truck negligently backing [*348] the truck into the automobile of claimant.

The claim being based upon the negligence of an employee of the State cannot be allowed. No government is liable for the negligence of its employees in the absence of a statute making it liable for such negligence. (Gibbon v. U. S., 8 Wal. 268; Minear v. State Board of Agriculture, 259 Ill. 549; Mollenbeck v. Winnebago Co., 95 Ill. 148.) If the injury complained of was caused by the negligence of the driver of the truck, claimant's remedy is against the driver and not against the State. (Cooney v. Town of Hartland, 95 Ill. 516.)

The claim is therefore denied and the case dismissed.