TONY DEBREVC, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought damages for injuries sustained when his motorcycle hit a rough, uneven portion of State Route 68, alleging negligent maintenance. The court denied the claim, holding that the State is immune from tort liability for road maintenance absent a statute creating such liability.
Cases cited: Morrissey vs. State of Illinois, 2 C. C. R. 164; Minear vs. State Board of Agriculture, 259 Ill. 549; Chumbley v. State of Illinois, 6 C. C. R. 138; Robbins v. State, 5 C. C. R. 211
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- HIGHWAYS-construction and maintenance of governmental function. The State exercises a governmental function in the construction and maintenance of public highways, and is not liable for damages caused by either a defect in the construction, or failure to maintain same in a safe condition.
- NEGLIGENCE-failure to maintain highway in safe condition-not liable for negligence of its employees-doctrine of respondent superior not applicable to State. The doctrine of respondent superior not being applicable to it. the State is not liable to respond in damages for the negligence of its employees in failing to maintain highway in a safe condition for travel, unless there is a statute creating such liability and in the State of Illinois, there is no such statute.
This is a suit at common law filed on the 26th day of October, 1934, and alleges that on the 17th day of April, 1934, the claimant was operating a motorcycle in a southerly direction along and upon State Route No. 68, between Washington Street and Belvidere Road, presumably Cook County. It is charged that the State negligently and carelessly permitted the West half of the highway known as State Route No. 68 to be and remain out of repair and become broken and depressed, thereby causing deep holes to be and remain in that part of the highway customarily used by traffic moving in a southerly direction; that the highway was uneven, rough and unsafe for traffic, and of this condition respondent had notice of the situation for a long time prior to the date of the accident.
Claimant further averred that there were no warning signs to apprise the claimant of the situation, and that while he was driving a motorcycle, using due care for his own safety, he ran upon, over and into the rough, uneven and depressed portion of the highway and thereby sustained an injury; that he was thrown upon the highway with great force and violence by reason of which his right leg was fractured and other parts of his body were cut and bruised.
A Bill of Particulars was filed for doctor's bill, hospital bill, loss of time from his employment and for pain and suffering, totalling $579.75. A motion to dismiss was filed on behalf of the Attorney General, and for legal reasons this motion must be sustained and no comment will be made upon the evidence.
This court has repeatedly held that: "In the construction and maintenance of its roads, the State acts in a governmental capacity and in the exercise of such governmental functions it does not become liable in actions of tort by reason of the malfeasance or negligence of its officers or agents in the absence of a statute creating such liability. Such has been the settled decision of this court for many years."
Morrissey vs. State of Illinois, 2 C. C. R. 164; Minear vs. State Board of Agriculture, 259 Ill. 549. [*298] "The General Assembly has never enacted a law making the State liable for damages caused by the negligent construction or maintenance of a public road and this court has no power to make an award for damages in the absence of such a statute."
Chumbley v. State of Illinois, 6 C. C. R. 138; Robbins v. State, 5 C. C. R. 211.
The facts in this case come within the rule mentioned in the decisions above referred to and for the reasons therein stated, the claim will be dismissed.