In re APPLICATION OF LESSIEM. CURRY.
Case summary
Claimant sought compensation for funeral, medical, and loss of support after her husband was murdered. The court denied the claim because the claimant did not pay the funeral expenses, the victim was unemployed, and the medical bills were unpaid, making her ineligible under the Crime Victims Compensation Act.
Statutes cited: Ill. Rev. Stat. 1977, ch. 70, par. 71, et seq.; Ill. Rev. Stat. 1977, ch. 38, par. 9-1
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- DAVID L. MARTINSON, for the Town of Rockford. WILLIAM J. SCOTT, Attorney General (WENDY WEIDcounsel), for ReBERG, Assistant Attorney General, of spondent.
- C RIME VICTIMS COMPENSATION ACT-standing of Claimant. Even though Claimant was deceased victim’s wife, her claim for medical and funeral expenses was denied where the evidence indicated she did not pay them.
- SAME-Same. City which paid funeral expenses was ineligible for compensation where evidence indicated it was not a person related to the victim.
This claim arises out of an incident that occurred on July 27, 1976. Lessie M. Curry, wife of the deceased victim, Paul Edward Curry, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act. Ill. Rev. Stat. 1977, ch. 70, par. 71, et seq.
Claimant stipulated that the facts of the matter were as follows (being essentially the same as found in this Court’s order filed herein on December 19, 1978):
1. The Claimant’s deceased husband, Paul Edward Curry, age 20, was a victim of a violent crime as defined in section 2(c) of the Act, to wit: Murder. Ill. Rev. Stat. 1977, ch. 38, par. 9-1.
2. On July 27,1976, the victim was approached by a known offender who accused the victim of stealing a television set from the offender’s sister. The victim claimed to have no knowledge of the incident and the offender shot him. The victim was taken to Rockford Memorial Hospital where he expired the next day.
[*416] 3. The Claimant seeks compensation under the Act for funeral expenses, medical/hospital expenses, and for loss of support.
4. The funeral and burial expenses were not paid by the Claimant; they were paid by Rockford Township.
5. The Claimant was billed $8,417.63 for various hospital and medical expenses which have not been paid to date. See Claimant’s Group Exhibit 1.
6. The victim was not employed for the six months immediately preceding the date of the incident out of which this claim arose.
Because of the provisions of sections 3(a) and 4 of the Act, Claimant is not eligible for an award for the hospital or medical bills, nor for loss of support. The Town of Rockford, not being “any person related to the victim”, cannot recover for the funeral expenses. Claimant, again by virtue of the provisions of section 3(a) of the Act, is also barred from claiming an award for the funeral expenses.
Accordingly, the claim herein is denied and the Order of December 19, 1978 is affirmed.