REEVE B. BOKEMEIER, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought damages for a collision with a state truck allegedly caused by the driver's negligence. The court denied the claim because Illinois law does not allow suit against the State for negligence absent a statute creating such liability.

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 State not liable. The State is not liable for injuries caused by the negligence of its officers, agents or employees in the absence of a Statute creating such liability. ADMINISTRATRIX OF THE ESTATE OF VIRGINIA STERLING, De- THE ESTATE OF CATHERINE BROCKMAN, Deceased, 1657, Claim- PERSONAL INJURY-when award will be made-equity and good con-

PERSONAL INJURY-when State not liable. The State is not liable for injuries caused by the negligence of its officers, agents or employees in the absence of a Statute creating such liability. DINSMOOR & TRUMAN, for claimant. OSCAR E. CARLSTROM, Attorney General; CARL I. DIETZ, Assistant Attorney General, for respondent.

Mr. JUSTICE THOMAS delivered the opinion of the court:

On January 10, 1930, while claimant was driving his automobile on State Highway Number 5 near Pingree Grove he [*518] collided with a truck belonging to the State. The truck was being driven by Theodore Rankin while engaged in work for the State, and it is charged the collision was caused by the careless and negligent manner in which Rankin operated the truck.

It is the settled law of Illinois that the State is not liable for injuries caused by the negligence of its officers, agents or employees in the absence of a statute creating such liability.

This rule is so well known and has been so many times announced by this court and the Supreme Court that a citation of authorities is unnecessary.

If the damages to claimant's automobile were caused by the negligence of Rankin claimant is not without a remedy as Rankin is liable to him for all damages caused by his negligence.

As claimant has no cause of action against the State his claim is denied and the case dismissed.

(Claims allowed.)

ERNESTINE STERLING HANSEN, 1655; ERNESTINE STERLING HANSEN, ADMINISTRATRIX OF THE ESTATE OF VIRGINIA STERLING, Deceased, 1656; ERNESTINE STERLING HANSEN, ADMINISTRATRIX OF THE ESTATE OF CATHERINE BROCKMAN, Deceased, 1657, Claim