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Walter York v. State of Illinois

35 Ill. Ct. Cl. 67 Illinois Court of Claims Filed 1981-10-21 No. 76-CC-1821
Disposition: (No. 76-CC-1821-Claimant awarded $1,500.00.) Award: $1,500.00 Agency: Joliet Correctional Center
Cite as: Walter York v. State of Illinois, 35 Ill. Ct. Cl. 67 (1981)
General Court of Claims 35 awarded 1980s Walter York v. State of Illinois 35 Ill. Ct. Cl. 67 1981-10-21 (No. 76-CC-1821-Claimant awarded $1,500.00.) /opinions/v35-p0224-1/

WALTER YORK, Claimant, v. THE STATE OF ILLINOIS, Respondent.

Case summary

Claimant, an inmate cook, was injured when an oven exploded due to gas leakage. Respondent conceded negligence. The court accepted the joint stipulation and awarded $1,500.00.

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

  1. T YRONE C. F AHNER, Attorney General (G LEN P. LARNER,Assistant Attorney General, of counsel), for Respondent.
  2. STIPULATIONS-iOint stipuhtion k not necessarily binding on COurf Of Claims.
  3. PRISONERSA N D INMATEs-explosion of oven-inmate-stipulation. Stipulation of parties as to damages suffered by Claimant, an inmate, when gas oven he was attempting to light exploded as a result of a leak, was accepted by the Court in its entirety, including the suggested award, as stipulated facts were sufficient to warrant finding of negligence on part of the State and liability for Claimant’s injuries.

This case comes to be heard upon a joint stipulation entered into by the parties. According to the agreedupon facts, this claim arose as follows:

On May 7, 1974, Claimant was an inmate at Joliet Correctional Center where he worked as a cook in the residents’ kitchen. As a cook, one of his responsibilities was the operation of the stove, including the lighting of [*68] the oven. On the aforementioned date, Claimant was attempting to light the oven when it exploded in his face, apparently as a result of gas leakage. The explosion caused him to suffer burns about his face and body, for which he seeks recovery of damages.

Respondent has conceded that it was negligent in failing to maintain the oven in a safe condition, and that its negligence was the sole and proximate cause of Claimant’s injuries. It is further conceded that Claimant was acting with due care for his own safety.

Both parties agree that Claimant’s damages equal $1,500.00 and that an award in that amount would constitute full and final satisfaction of this claim.

Although the Court is not bound by a joint stipulation such as this, we hesitate to interpose a controversy between the parties where none appears to exist. In this case, the stipulated facts are sufficient to warrant a finding of negligence on Respondent’s part and liability for Claimant’s injuries. As for the agreed-upon award, we see nothing to indicate that this amount was not determined by a thorough consideration of all the elements of damages relating to this case. We therefore accept the stipulation in its entirety, including the suggested award.

Claimant is hereby awarded the sum of $1,500.00 (one thousand five hundred dollars and no cents) as full and final satisfaction for the instant claim.

Official volume 35 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1982 – July 1, 1981–June 30, 1982; Fiscal Year 1983 – July 1, 1982 – June 30, 1983)  ·  All opinions in this volume  ·  Also on CourtListener

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