FAY C. CHILDRESS, Claimant, v . THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant was injured when a handicapped handrail at the State of Illinois Building collapsed. The State admitted negligence, and the court awarded $6,000 as recommended by the parties.
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- TYRONE C. FAHNER, Attorney General (FRANCIS M. D ONOVAN, Assistant Attorney General, of counsel), for Respondent.
- NEGLIGENCE-award granted on basis of stipulation of parties-fall. The stipulation of the parties as to the facts and circumstances surrounding Claimant’s injuries sustained when she fell while using a handicapped handrail at a State building was fair and reasonable and an award of the agreed damages would be entered.
Claimant was injured when a handicapped handrail at the State of Illinois Building collapsed while she was using it for support. The incident occurred on January 26, 1979, and Claimant filed her complaint on August 3, 1979.
The parties have filed a joint stipulation with the court wherein the Respondent has admitted that its negligence was the cause of Claimant’s injuries.
[*216] Although the complaint requested $100,000.00 in damages, the parties have recommended that an award be entered in Claimant’s favor for $6,000.00
It is the exclusive province of this court to determine the validity of claims against the State of Illinois. However, where the State admits that it was negligent and that negligence was the cause of a Claimant’s injuries, the question of liability is no longer in issue. Such is the case herein.
Regarding the question of damages in such a situation, this court will not set aside the recommendation of the parties where the amount of damages has been agreed to with full authority. In this case, we concur with the parties’ recommendation.
It is hereby ordered that an award of $6,000.00 (six thousand dollars and no cents) be entered in favor of Fay C. Childress, in full and complete satisfaction of any and all claims arising out of the cause of action involved herein.