GILBERT CULVER, Claimant, v . THE STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought damages for injuries sustained when a pickup truck pushed his motorcycle into a train at a crossing. The court dismissed the claim because claimant had already recovered $100,000 from the other driver's insurer, which fully offsets any claim against the State.

Claim type: Personal Injury Negligence

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Headnotes

NEGLIGENCE-mOt0TCyCk accident-statutory limit recovered from other driver-claim dismissed. Where a Claimant was injured when his motorcycle was pushed into a train by a pickup truck the Claimant’s action against the State of Illinois was dismissed, since the Claimant had received the statutory limit of $lOO,OOO from the driver of the pickup truck, and the recovery of that amount from another party completely sets off any claim that may be had against the State.

CHARLES R. DOUGLAS, for Claimant. NEIL F. HARTIGAN , Attorney General (CLAIRE !1 IGIBSON TAYLOR, Assistant Attorney General, of counsel), for Respondent.

SOMMER, J.

This court being presented with the Respondent’s motion to dismiss, Finds that the Claimant was injured when the motorcycle he was riding was pushed into a train by a pickup truck at a crossing on Edwardsville Road in Granite City. Further that the Claimant has received $100,000 from the insurer of the driver whose vehicle pushed the Claimant into the train. Further, that this Court has held on numerous occasions that recovery of the statutory limit of $100,000 or more from another party to an accident completely sets off any claim that may be had against the State. It is therefore ordered that this cause is dismissed with prejudice.