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Theodore E. Desch v. State of Illinois

35 Ill. Ct. Cl. 227 Illinois Court of Claims Filed 1981-07-24 No. 79CC-0797
Disposition: (No. 79CC-0797-Claimant awarded $130.40.) Award: $130.40
Cite as: Theodore E. Desch v. State of Illinois, 35 Ill. Ct. Cl. 227 (1981)
General Court of Claims 35 awarded 1980s Theodore E. Desch v. State of Illinois 35 Ill. Ct. Cl. 227 1981-07-24 (No. 79CC-0797-Claimant awarded $130.40.) /opinions/v35-p0384-1/

THEODORE E. DESCH, Claimant, 2). THE STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought $130.40 for damage to his automobile caused by a pothole on a state-maintained street. The court found the State negligent for allowing the dangerous condition to exist with constructive notice, and awarded the full amount.

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. W ILLIAM J. SCOTT, Attorney General (J OHN R. FANONE, Assistant Attorney General, of counsel), for Respondent.
  2. HlcHwAYs-pothole-blown tire-claim allowed. Claimant was granted the amount sought to compensate him fox damage to his car incurred when he struck large pothole, as State was negligent in allowing pothole, a dangerous condition, to exist on highway, that negligence was proximate cause of Claimant’s damage, and since condition had existed for long period of time, State had constructive notice of condition.

This is an action to recover property damage to Claimant’s automobile.

I

Claimant asserts &at the damage ta his automobile was caused by the Eailure of Respondent to properIy maintain the street. Specifically, he alleges that his automobile struck a large hole.

At about 1O:OO p.m. on March 3, 1979, Claimant, Theodore E. Desch, was driving west on Lake Street, at or near the 5000 block, in Melrose Park,Illinois. Riding with him as passengers in his 1978 Chevrolet were his wife, Donna Desch, and Mr. and Mrs. John Turner.

Claimant testified that he was driving about 20 to 30 miles per hour and it was raining at the time.

When at the location, Claimant stated his automobile struck a large pothole which was filled with water. As a result of hitting the pothole, his right rear tire was blown out. The wheel was irreparably bent and the hubcap on the wheel was lost. After changing the tire, he examined [*228] the pothole and found that it appeared to be four feet in diameter and about one foot in depth. He further testified that adjacent to the pothole, there were several flattened and rusty hubcaps which appeared to have been there for some time. His wife, Donna Desch, and his passengers, Mr. and Mrs. John Turner, corroborated his testimony.

Claimant’s total loss was $130.40.

The Court is of the opinion that the State was negligent in allowing the pothole, a dangerous condition, to exist on the highway, and that the State’s negligence was a direct and proximate cause of Claimant’s property damage, and that this dangerous condition existed for a long period of time giving the State constructive notice of said dangerous and defective condition, and that the Claimant was in the exercise of ordinary care and was not guilty of contributory negligence.

Claimant is hereby awarded the sum of one hundred thirty and 40/100 ($130.40) dollars.

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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