HOWARD L. DELANEY, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought damages for injuries allegedly caused by a dangerous defect. The court denied the claim because the complaint failed to allege that the State had actual or constructive notice of the defect, which is required to charge negligence.

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

Pmanmos-allegation of notice. No cause of action against the State of Illinois for negligence is stated where allegation of actual or constructive notice of the defect to the State of Illinois is lacking.

ANTON B. MUTZ, Attorney for Claimant. IVAN A. ELLIOTT, Attorney General; C. ARTHUR NEBEL, Assistant Attorney General, for Respondent.

SCHUMAN, C. J.

The respondent has filed a motion to dismiss the claim filed herein on the ground that the complaint is insufficient in law, because it fails to allege respondent had actual or constructive notice of the defect alleged in the complaint.

In order to charge the State with negligence, it is necessary to allege that the State had actual or constructive notice of the defect, and that said defect was dangerous and unsafe for ordinary travel.

The complaint fails to charge such notice, and the motion to dismiss is sustained.