JOYCE MOLITOR,Administrator of the Estate of Lawrence J. Molitor, deceased, Claimant, v. THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought damages for the wrongful death of Lawrence J. Molitor, who died when his car hit a patch of ice on a state-maintained road. The court approved a settlement stipulating that altered drainage due to resurfacing may have contributed to the accident, and awarded $57,500.00.
Statutes cited: Ill. Rev. Stat. 1985, ch. 37, par. 439.8(d)
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- NEIL F. HARTIGAN, Attorney General (DANIEL H. BRENNAN, J R ., Assistant Attorney General, of counsel), for Respondent.
- SnPuLATioNs-fatal automobile accident-highway drainage altered b y resurfacing-stipulation-award granted. The Claimant’s decedent was killed in an automobile accident which occurred when his vehicle went out of control and struck another car after hitting a patch of ice on a State highway, and an award was granted based on the joint stipulation of the parties which disclosed that the State had altered the normal drainage of the highway in the course of a resurfacing project, and the changes contributed to the formation of the ice patch and the resulting accident.
This matter coming on before the Court upon the joint stipulation of the parties hereto and the Respondent’s supplemental stipulation. This claim sounds in tort and is brought pursuant to section 8(d) of the Court of Claims Act (Ill. Rev. Stat. 1985, ch. 37, par. 439.8(d)).
Claimant is the administrator of the estate of Lawrence J. Molitor, deceased, who was killed on or about February 20, 1986, while operating his motor vehicle on a public highway maintained by Respondent, [*217] commonly known as the Hillsdale-Port Byron Road, .6 miles East of Port Byron, Rock Island County, Illinois.
We note that the parties hereto have agreed to a settlement of this claim, and that Respondent agrees to the entry of an award in favor of Claimant in the amount of fifty-seven thousand, five hundred and 00/100 dollars ($57,500.00).
The parties stipulate: 1. That on February 20, 1986, Lawrence J. Molitor, deceased, while operating his motor vehicle on a public highway maintained by respondent, commonly known as the Hillsdale-Port Byron Road .6 miles East of Port Byron, in Rock Island County, Illinois, hit a patch of ice on said roadway. The ice caused the deceased to lose control of his car, resulting in a collision with another vehicle, said accident causing decedent’s death. 2. The public highway in question in this lawsuit, commonly known as the Hillsdale-Port Byron Road (hereinafter “the Road”), while under the maintenance jurisdiction of Respondent, was resurfaced with bituminous black-top along the entire length of the Road, including the area in question .6 miles East of Port Byron, in Rock Island County, Illinois. 3. That as a result of the aforementioned resurfacing, certain drainage channels along the outer curb-side edges of the Road were altered, pursuant to Respondent’s specifications, thereby affecting the normal drainage of the Road. 4. While not stipulating that the aforementioned alteration of the Road was the primary, or sole [*218] contributing factor in the underlying accident in this lawsuit, Respondent does’ admit that said alteration may have contributed to other factors which resulted in the aforesaid accident. 5. Respondent further stipulates that the deceased, Lawrence J. Molitor, was 16 years of age at the time of the underlying accident, and had a future life expectancy of approximately 56 years.
Based on the foregoing, Claimant, Joyce Molitor, as administrator of the estate of Lawrence J. Molitor, deceased, is hereby awarded the sum of fifty-seven thousand, five hundred and 00/100 dollars ($57,500.00) in full and final satisfaction of this claim.