BRIAN DE VAN, Claimant, 2). THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant, a Chicago police officer, stepped into a broken storm sewer grate while on duty and suffered injuries. The court awarded $1,800.00 based on joint stipulation, noting the officer was lawfully on the highway and the sewer was under state maintenance jurisdiction.
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- T YRONE C. FAHNER, Attorney General (SANDRA L. ANDINA, Assistant Attorney General, of counsel), for Respondent.
- HIGHWAYS-state has no duty to pedestrians not lawfully on highways.
- SAME-broken sewer grate- stepped into by p o k e officer- award granted. City police officer was lawfully walking on highway in performance of his duties after making traffic stop and was entitled to grant of award for injuries he sustained when he stepped through broken sewer grate, as grate was within maintenance jurisdiction of State and officer suffered out-ofpocket loss in paying resulting medical bills.
This matter comes before the Court on joint stipulation of the parties to an award of $1,800.00 in favor of Claimant as and for personal injuries suffered by him on August 10, 1978. The Court being fully advised hereby finds as follows:
1. On August 10, 1978, at 2:OO a.m., Claimant, a Chicago police officer, pulled a traffic violator to the east shoulder of the northbound local lanes of Interstate Highway 94, the Dan Ryan Expressway, at approximately 3100 South in Chicago, Illinois.
2. Claimant exited his squad car and walked to the violator’s vehicle along the driver’s side of both cars. After issuing a warning, he returned to his squad car by the same route.
3. En route to his squad car, Claimant stepped into a broken storm sewer grate situated in the rain gutter [*715]
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between the shoulder and the extreme right hand travelled lane.
4. As a result of stepping into the broken sewer grate, Claimant suffered contusions and sprains of his left ankle, and cervical and lumbar spines.
5. Claimant did not see said grate because he was concerned with avoiding being hit by oncoming highspeed traffic.
6. Although pedestrians are specifically prohibited by law from entering upon limited access highways, Claimant was, as a law enforcement officer engaged in the performance of his duties, lawfully upon the highway at the time of the accident.
7. The storm sewer was within the maintenance jurisdiction of the Illinois Department of Transportation.
8. That Claimant lost no wages but incurred $635.00 in medical bills, all but $73.00 of which were paid out of pocket and uncompensated by insurance.
9. That based on the nature and extent of Claimant’s injury and the amount of proven special damages, $1,800.00 is a fair award for full and final settlement of the claim.
10. That notwithstanding this order, this Court does not hold that Respondent owes a duty to maintain its highways in a safe condition for pedestrians not lawfully upon them.