BRETT J. DECKER, Claimant, v. THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant was bitten by a dog and underwent rabies inoculations after the Department of Public Health initially reported positive rabies test results, which were later retracted. The court awarded $3,000 based on a joint stipulation.
Statutes cited: Ill. Rev. Stat. 1983, ch. 37, par. 439.8(d)
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Headnotes
- NEIL F. HARTIGAN, Attorney General (JOHN J. PERCONTI,Assistant Attorney General, of counsel), for Respondent.
- S m m n o m - p e r s o d injury-rubies shots due to agency’s conflicting tests-uwurd grunted. Based on the joint stipulation of the parties, the Claimant was awarded $3,OOO.00 for the injuries sustained due to the fact that he underwent rabies inoculations for a dog bite because of the Department of Public Health’s initial tests, which indicated that the dog had rabies, and the Department’s retest found no evidence of rabies.
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 is a personal injury action brought pursuant to section 8(d) of the Court of Claims Act (Ill. Rev. Stat. 1983, ch. 37, par. 439.8(d)).
[*257] On November 10, 1981, Claimant was bitten by a dog suspected to have been rabid. About three days later, brain samples of the dog were sent to the Department of Public Health for rabies testing. On November 17, 1981, the lab reported positive evidence of rabies. On November 18, 1981, the Department retested the samples and found no evidence of rabies. As a result of the Department’s initial positive finding, the Claimant underwent a series of rabies inoculations.
It is hereby ordered that the Claimant, Brett J. Decker, be and hereby is awarded the sum of three 1 thousand dollars and no cents ($3,000.00), in full I satisfaction of this claim.