GEORGE KATANICH, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought $25,000 for injuries sustained while assisting in apprehending escaped convicts. The court denied the claim because a prior judgment for the same injuries was res judicata.

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

RES ADJUDICATA-when plea of former adjudication will be sustained. This cause having been heard and decided on May 12, 1927, it will not again be considered and plea of former adjudication will be sustained and cause dismissed.

Rehearing denied March 6, 1933. ROBERT E. LARKIN AND ARTHUR H. SHAY, for claimant. OSCAR E. CARLSTROM, Attorney General; CARL DIETZ, Assistant Attorney General, for respondent.

MR. JUSTICE THOMAS delivered the opinion of the court:

This claim is for $25,000.00 damages occasioned by injuries claimant alleges he received on May 5, 1926, while assisting in the apprehension of some convicts that had escaped from the penitentiary at Joliet. The State has filed a plea of res judicata.

Claimant heretofore filed a claim in this court for the same injuries and on May 12, 1927, and award was entered in his favor for $2,500.00 to compensate him for the injuries he sustained. It is fundamental that a former adjudication con[*120]cludes a party from another trial of the same cause of action.

If that were not true there would be no end to litigation.

The claim is denied and the cause dismissed.