Timothy N. Kurowski v. State of Illinois — 37 Ill. Ct. Cl. 215

TIMOTHY N. KUROWSKI, Claimant, u. THE STATE OF ILLINOIS, Respondent.

Case summary

The claimant sought $100,000 for personal injuries in a tort claim. The court dismissed the claim with prejudice because a concurrent circuit court action arising from the same occurrence was settled for $115,000, which fully set off any possible recovery and rendered the claim moot.

Claim type: Personal Injury Negligence

Statutes cited: Ill. Rev. Stat. 1983, ch. 37, par. 439.8(d)

Cases cited: Kurowski v. City of Chicago, No. 81 L 21396 (Cir. Ct. Cook Cty.)

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

NEGLICENCE-peTSOnal injury claim-set off by recovery in civil action for same occurrence-claim dismissed. An action in the Court of Claims for personal injury was dismissed, since the Claimant recovered more than $lOO,OOO.OO in the settlement of his civil action arising from the same occurrence, and that recovery would completely set off any possible recovery in the Court of Claims, because the limitation provided by the Court of Claims Act is $100,000.00 for any action sounding in tort, and only one satisfaction of any claim is allowed.

& ASSOCIATES, LTD., for ClaiLOUIS G. ,DAVIDSON mant. NEIL F. HARTIGAN, Attorney General (ROBERT J. SKLAMBERG, Assistant Attorney General, of counsel), for Respondent.

WOE, C.J.

This cause coming on to be heard on the motion of Respondent to dismiss the claim herein with prejudice, due notice having been given the parties hereto and the Court being fully advised in the premises:

The court finds that the instant claim, sounding in tort, is for personal injuries and was filed on March 30, 1982, seeking the maximum award of $100,000.00.

Section $(d) of the Court of Claims Act (Ill. Rev. Stat. 1983, ch. 37, par. 439.8(d)) provides for a $B00,000.00 limitation on any Court of Claims award of damages in cases sounding in tort. Further, section 26 of the Act provides that there shall be but one satisfaction of any claim or cause of action in this Court, and any recovery awarded by us shall be subject to the right of set-off.

Claimant concurrently filed another cause in the [*216] Circuit Court of Cook County entitled Kurowski v. City of Chicago, No. 81 L 21396. This cause arose from the same occurrence that gave rise to the instant claim.

The circuit court action was settled for $115,000.00, which would completely set off any possible recovery Claimant could receive in this Court. The instant cause, therefore, has been rendered moot.

It is therefore ordered that Respondent’s motion be, and the same is, hereby granted, and the instant cause is hereby dismissed, with prejudice.