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Herb Ward v. State of Illinois

41 Ill. Ct. Cl. 122 Illinois Court of Claims Filed 1989-02-28 No. 85-CC-3067
Disposition: (No. 85-CC-3067-'Claim denied.) Agency: East Moline Correctional Facility
Cite as: Herb Ward v. State of Illinois, 41 Ill. Ct. Cl. 122 (1989)
General Court of Claims 41 denied 1980s Herb Ward v. State of Illinois 41 Ill. Ct. Cl. 122 1989-02-28 (No. 85-CC-3067-'Claim denied.) /opinions/v41-p0210-1/

HERB WARD, Claimant, v. THE STATE OF ILLINOIS, Respondent.

Case summary

Claimant, an inmate, slipped on a sidewalk and fell into a ditch, alleging negligence. The court denied the claim because the sidewalk was not defective and the ditch was clearly visible and known to the claimant.

Claim type: Personal Injury Negligence

Statutes cited: Ill. Rev. Stat., 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

  1. PRISONERS AND INMATES-SU~and fall on sidewalk at correctional center-State not negligent-inmate's claim denied. A claim by an inmate of a correctional facility for the injuries he sustained when he tripped on the edge of a sidewalk at the facility and slipped into a ditch was denied, since there was no evidence that the State was negligent, the ditch was clearly visible, the inmate knew of its existence prior to the fall, and there was no evidence the inmate was pushed or bumped.

Claimant seeks recovery from Respondent pursuant to section 8(d) of the Court of Claims Act (Ill. Rev. Stat., ch. 37, par. 439.8(d)) due to an incident of slipping off Respondent's sidewalk.

[*123] On June 2,4, 1984, the Claimant Herb Ward was incarcerated at the East Moline Correctional Facility and was there for a period of months prior to the incident. On the date in question, Claimant was walking between the correctional facility’s cafeteria with another inmate, Gerald Leferls, back to his housing unit. While walking on a sidewalk which he described as normal width, his foot caught the outer edge ofthe sidewalk and he fell into a ditch adjacent to the sidewalk. The ditch was approximately 18 inches deep.

The Court having heard oral arguments and having reviewed the record as it now exists, finds as follows:

1. That the interests of the parties in the instant case were well represented by counsel.

2. That the injury occurred on State property.

3. That the sidewalk was approximately four feet wide.

4. That prior to the accident, Claimant traversed the sidewalk two to three times daily.

5. That no evidence was presented to show that Claimant was pushed or bumped.

6. That the evidence showed the sidewalk was not defective. The Claimant’s foot caught the outer edge causing him to slip into the ditch that was clearly visible and known by Claimant to exist for at least 7 to 10 days.

7. The proof submitted does not show that the State was negligent.

8. That there is no need to address the medical condition of the Claimant.

Wherefore, it is hereby ordered that the instant claim is denied.

Official volume 41 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1989 – July 1, 1988–June 30, 1989)  ·  All opinions in this volume  ·  Also on CourtListener

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