Illinois Court of Claims Opinions
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Wolff v. State of Illinois

8 Ill. Ct. Cl. 8 Illinois Court of Claims Filed 1933-09-12 No. 1717
Disposition: (No. 1717-Claim denied.) Agency: Division of Highways, Department of Public Works and Buildings
Cite as: Wolff v. State of Illinois, 8 Ill. Ct. Cl. 8 (1933)
Legacy General 8 denied 1930s Wolff v. State of Illinois 8 Ill. Ct. Cl. 8 1933-09-12 (No. 1717-Claim denied.) /opinions/v08-p0028-1/

PERCY WOLFF, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought reinstatement of a previously awarded claim for hospital, doctor, and nurse bills. The court denied the motion, holding that the prior adjudication was final and res judicata, and noting that claimant had already received substantial payments and remained on the state payroll.

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

  1. RES ADJUDICATA-when motion to reinstate claim will be denied. Where

RES ADJUDICATA-when motion to reinstate claim will be denied. Where it clearly appears that claim was fully heard and fairly decided and an award made by the court, such adjudication is final and claim will not again be considered and motion to reinstate will be denied. Per Curiam:

This matter coming on to be heard before the court on a motion to reinstate the claim.

From the files it appears that on May 14, 1931, an opinion was rendered by this court wherein an award in the sum of $2,416.94 for the payment of hospital bills, doctor bills, and nurses bills, was allowed.

Prior to that time claimant had received $1,472.85 in addition for such purposes, making a total of $3,889.79.

The rule of res adjudicata will apply. This is not a harsh rule, particularly in this case, because it appears from the records of the Division of Highways, Department of Public Works and Buildings, that the claimant actually received $175.00 per month from December 1, 1928, the date of his [*9] injuries, to February 13, 1933, and then continued on the State payroll at a salary of $100.00 per month from then until April 17, 1933. The motion for leave to reinstate, will, therefore, be denied.

Official volume 8 (Containing cases in which opinions were filed between July 1, 1933–June 30, 1935, and advisory Opinions furnished University of Illinois)  ·  All opinions in this volume  ·  Also on CourtListener

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