NATIONAL INSTITUTE FOR HUMAN RELATIONSHIPS, a not-for-profit Illinois corporation, Claimant, u. THE BOARD OF GOVERNORS OF STATE COLLEGES AND UNIVERSITIES, a body politic and corpo- rate; NORTHEASTERN ILLINOIS UNIVERSITY, a not-for-profit State university, as grantee/contractor under Illinois Dangerous Drugs Commission Grant #C2-0040-01; STATE OF ILLINOIS DANGEROUS DRUGS COMMISSION, a b o d y politic and corporate, as grantor under Illinois Dangerous Drugs Commission Grant #C2-0040- 01, Respondents.
Case summary
Claimant sought payment of $17,908.28 balance due under a contract for participation in a drug abuse control program. The parties stipulated to a compromise award of $2,500.00, which the court approved, noting the difficulties of proof due to the passage of time.
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Headnotes
- DUNN,GOEBEL,ULBRICH, MOREL & H UNDMAN (M ARK T. DUNN,of counsel), for Respondent Board of Governors of State Colleges & Universities. NEIL F. HARTIGAN, Attorney General (FRANCISM. DONOVAN, Assistant Attorney General, of counsel), for Respondent State of Illinois.
- STiruLATioNs-Controct-tlriig ubuse progrum-cloim ullowetl. Claim ;illo\vc~l for balance due Claimant under contract by which Claimant participatctl in drug abuse control program operated iindcr authority of State, as partics stiprilatcd that C1aim;tnt wiis paid only portion of what was due under tcrriis of contract and Corirt of Clainis w~)iildrefuse t o second guess parties’ a g r c w i i c w t to settle claim by stipulation.
This claim comes before the Court on the parties’ stipulation wherein it has been requested that an award be entered in Claimant’s favor in the amount of $2,500.00.
The matter arises out of certain nonpayment of funds to Claimant under a contract wherein the Claimant participated in a drug abuse control program made possible by a grant from the Respondent Illinois Dangerous Drugs Commission.
The program covered 1974-75 academic year of Northeastern Illinois University which is operated under the authority of Respondent Board of Governors of State Colleges and Universities.
Claimant was to have been paid the sum of $64,600.00 for its participation in the program. Claimant received $46,691.72, leaving a balance due of $17,908.28. This figure was the amount being claimed in the complaint filed in this case.
The parties, calling attention to the difficulties of [*765]
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proof involved in a trial of a case arising out of events which took place eight years ago with regard to availability of witnesses and documents, have agreed to compromise the claim.
The Court is mindful of trying cases without benefit of competent witnesses and the problems thereof. The Court does not desire to substitute its judgment for that of the parties’ counsel. It is apparent that the agreement to compromise arose only after consideration of the merits of the case and of the parties’ respective positions. Where an agreement to compromise a claim is reached by the parties by their authorized representatives, this Court will not second guess their decision.
It is hereby ordered tcat the sum of $2,500.00 be and the same hereby is, awarded to the Claimant, National Institute for Human Relationships, in full and final satisfaction of any and all claims involved herein.
( No . 80-CC-2305-CInimant awarded $10,000.00.)
MIDWEST PEDIATRIC ASSOCIATES, LTD., an Illinois professional
corporation, Claimant, 0.THE STATE OF ILLINOIS, Respondent.
Opinion filed lune 28, 1983.
F RANK & FLAHERTY, CHARTERED, for Claimant.
NEIL F. - HARTIGAN, Attorney General (WILLIAM R. WALLIN,Assistant Attorney General, of counsel), for Respondent.
STIPULATIONS-COUrt Of ClUilTU r l O l bV1171d IJY .Sti)>li[~itiOtl,S.StipllhtiOllS :Ire not binding on Count of Claims, as ;cgrceiiients rciached betwecn parties will be reviewed by Court to determine propriety.
[*766] PUBLIC AID CODE-medical services-1,124 claims-stipulation-award granted. Court of Claims upheld parties' joint stipulation settling 1,124 claims for medical services rendered under medical assistance program, as there was no indication of fraud or duress on part of parties and stipulation resolved an otherwise complex and involved set of claims.
ROE, C. J. The claim here is for payment for medical services provided to patients under the Department of Public Aid's medical assistance program. The claim was originally filed for $51,269.76 for services provided to 1,124 named patients. After investigation by the Department of Public Aid, the Claimant and Respondent have entered into a joint stipulation settling this claim for $10,000.
This Court has agreed to settlements in claims such as this. In A & T Movers v. State of Zllinois (1980), 33 Ill. Ct. Cl. 77, 78, this Court stated as follows:
"This Court was created to adjudicate claims against the State of Illinois on the basis of its own determination of law and fact. As such, the Court has held that it is not bound by an agreement reached between the parties, but will review any such agreement to determine its propriety.
This Court is also mindful of the complexities of proof in cases such as this. The time and expense involved in presenting evidence for or against a claim involving 147 separate transactions is substantial. Where the parties agree to compromise a claim, this Court should not and will not arbitrarily set aside such an agreement absent an indication of possible fraud or duress on the part of one of the parties. There is no such indication present here."
We find that everything we said with regard to a claim involving 147 transactions applies with even greater force to one involving 1,124 patients. Furthermore, we have found no indication of possible fraud or duress on the part of the parties.
Wherefore, this Court awards to Claimant, Midwest Pediatric Associates, Ltd., the sum of $10,000 in full satisfaction of any and all claims for services rendered. [*767] li 767 i