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W. H. Brown and Motors Insurance Corporation v. State of Illinois

23 Ill. Ct. Cl. 209 Illinois Court of Claims Filed February 24, 1960 No. 4825
Disposition: (No. 4825-Claimants awarded $320.14.) Award: $320.14
Cite as: W. H. Brown and Motors Insurance Corporation v. State of Illinois, 23 Ill. Ct. Cl. 209 (1960)
Legacy General 23 awarded 1960s W. H. Brown and Motors Insurance Corporation v. State of Illinois 23 Ill. Ct. Cl. 209 February 24, 1960 (No. 4825-Claimants awarded $320.14.) /opinions/v23-p0238-1/

W. H. BROWN AND MOTORS INSURANCE CORPORATION, SUBROGEE OF W. H. BROWN, Claimants, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought damages for property damage to his automobile caused by a National Guard truck making an improper turn. The court found the accident was due to the truck driver's negligence and awarded $50.00 to W. H. Brown and $270.14 to Motors Insurance Corporation as subrogee.

Claim type: Property Damage

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. ILLINOIS NATIONAL GUARD-negligent operation of motor vehicle. Evidence showed that motor truck was negligently operated by a member of the Illinois National Guard, entitling claimants to an award.

Complaint was filed in this case by W. H. Brown and Motors Insurance Corporation, as subrogee, against respondent.

Respondent not having filed an answer, under Section 11 of the Rules of this Court a general traverse of the allegations of the complaint d l be considered filed.

Abstracts, briefs and arguments were waived by this Court. Respondent filed a. Departmental Report.

The accident on which this cause of action arose occurred on June 11, 1956. On that date W. H. Brown was the owner and operator of a 1955 Oldsmobile, which [*210]

2 10

he was driving in a northerly direction in the 4400

block on North Western Avenue, a public highway lo

cated in the City of Chicago, County of Cook and State

of Illinois.

At said time and place aforesaid, a National Guard

truck being driven by Karl Brun had been parked on

the east side of Western Avenue, while the driver was

asking directions from a police officer. As the Brown

automobile approached the National Guard truck on the left and rear, the operator of the truck, without making a signal, made a left-hand turn in attempting to make a “ U ” turn in the center of Western Avenue while the front part of claimant’s automobile was near the iront portion of the truck. The truck struck claimant’s automobile on the right-hand side, and damaged it.

The only testimony, which we have in this case, is that of claimant. He was examined by his counsel and by the Commissioner, Herbert G. Immenhausen, as to the facts of said accident.

Claimant’s exhibit No. 1 was a paid repair bill of Sheair Motors Company of Chicago, Illinois in the amount of $320.14.

The Commissioner so found, and there is no question but that the cause of the accident in question, resulting in the damage to claimant’s automobile, was the result of the improper turn made by the National Guard truck driver, Sergeant Brun.

Claimant, TV. H. Brown, had a $50.00 deductible policy with Motors Insurance Corporation.

Motors Insurance Corporation paid to Sheair Motors Company the sum of $270.14, and claimant paid the sum of $50.00.

Awards are hereby made as follows: [*211]

W. H. Brown, $50.00.

Motors Insurance Corporation, subrogee of W. H. Brown, $270.14.

Official volume 23 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between: September 1, 1958–June 30, 1960)  ·  All opinions in this volume  ·  Also on CourtListener

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