and JUDITH A. STUEWE, Claimants, v . THE PATRICK J. CAROLAN STATE OF ILLINOIS, Respondent.
Case summary
Claimants sought damages for personal injuries from an automobile accident caused by a bump on the expressway. The court awarded $2,500.00 based on a joint stipulation.
Statutes cited: Ill. Rev. Stat. 1981, ch. 37, par. 439.8(d)
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Headnotes
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- NEIL F. H ARTIGAN, Attorney General (JOHN J. I PERCONTI, Assistant Attorney General, of counsel), for I
- Respondent.
- STIPULATIONS-bUmp on highway-personal injury-award granted. Pursuant to the joint stipulation of the parties, the Claimants were granted an award for the personal injuries sustained as a result of an automobile accident which occurred after the car struck a bump on a State highway, but the claim for interest on the award was denied in the absence of a statute subjecting the State to interest on such an award.
This cause coming on to be heard on the joint stipulation of the parties hereto, the Court being fully advised in the premises, finds:
That this a personal injury action brought pursuant to section 8(d) of the Court of Claims Act (Ill. Rev. Stat. 1981, ch. 37, par. 439.8(d)).
On August 17, 1980, Claimants were involved in an automobile accident after striking a bump on the 1-290 expressway at a point between First and Ninth Avenues,
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Maywood, Illinois.
It is hereby ordered that the Claimants, Patrick J. Carolan and Judith A. Stuewe, be and hereby are awarded the sum of twenty-five hundred dollars and no cents ($2,500.00), in full satisfaction of this claim. I
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ORDER ON MOTION TO DISMISS
HOLDERMAN, J. I
This matter coming on to b'e heard on the motion of the Respondent to dismiss the claim herein and it appearing to the Court that Claimant has received due notice and the Court being fully advised in the premises:
Finds that the State of Illinois is not liable for the payment of interest in the absence of a statute subjecting [*132] it to such liability. No such statute exists for the payment of interest on tort claims.
It is hereby ,ordered that the motion of the Respondent be, and the same is, hereby granted and the claim herein is.dismissed with prejudice.
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