EARLENE OSMAN, Claimant, 0. THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought compensation for broken eyeglasses after falling on a sidewalk at the Anna Mental Health Center. The court denied the claim, finding that claimant failed to prove proximate cause and negligence by a preponderance of the evidence.
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Headnotes
- N EIL F. H ARTIGAN, Attorney General (ALISON P. BRESLAUER, Assistant Attorney General, of counsel), for Respondent.
- NEGLIGENcE-fall on step-no negligence b y State-claim denied. Property damage claim for broken eyeglasses which occurred when Claimant stubbed her toe on step and fell was denied, as Claimant failed to prove that State was negligent.
This cause comes on for hearing upon the claim made by Earlene Osman for broken eyeglasses. Claimant broke her eyeglasses as a result of a fall at the Anna Mental Health Center.
The record in this case reveals that the Claimant was a visitor at the Respondent’s facility, and was walking on the sidewalk at the time of the fall. It is undisputed that the Claimant stubbed her toe on the bottom step, thereby falling toward the street. It is further undisputed that there were no cracks or broken areas on the sidewalk.
Claimant bases the claim on the fact that it was dark in the area of the steps. The record is not disputed that there were lights in the area, however, it was unclear whether they were on at the time of the fall.
After considering all of the evidence, we believe that the Claimant has failed to meet her burden of proof on the issue of proximate cause. We also believe that Claimant failed to prove by a preponderance of the [*204] evidence that Respondent was negligent. Therefore, we find for the Respondent and deny this claim.