JACQUELINE D. MOORE,Claimant, v . THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought damages for personal injury sustained when she stepped into a recessed manhole cover on a walkway at Stateville Correctional Institution. The court found both parties 50% negligent and awarded $1,051.00 after reducing damages for pain and suffering and medical bills.
Cases cited: Pigott v. State (1968), 26 Ill. Ct. Cl. 262; Dmis v. State (1982), 35 Ill. Ct. Cl. 269
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Headnotes
- ROLAND W. BURRIS,Attorney General (JOHN R. BUCKLEY, Assistant Attorney General, of counsel), for Respondent.
- NEGLIGENCE-fd on prison sidewalk-whut necessary to hold State liable. Before the State can be held liable for injuries caused by an alleged defective condition, it is necessary that there be evidence showing that an unsafe condition existed and that the State had actual or constructive notice of the unsafe condition.
- SAME-State liable for injuries from fall on prison sidewalk-burden o f proof. Where the Claimant, while on prison grounds to visit an inmate, injured her ankle in a fall on a sidewalk after stepping on a recessed manhole cover, she sustained her burden of showing by a preponderance of the evidence that the drop in the sidewalk was an unsafe condition and that the State had notice of the condition.
- DAMAGES-award for injuries reduced 5m to account f o r Chimant’s negligence-fall on prison sidewalk. Where the State was found to be liable for injuries suffered by Claimant when she fell after stepping into a dip in a sidewalk on prison grounds while on prison property to visit an inmate, her award of $602 for medical bills and $1,500 for pain and suffering was reduced by half where she was found to have been 50% negligent in not observing the defective condition of the sidewalk under good conditions in . the daylight.
OPINION
SOMMER, J. The Claimant’s action is for personal injury sustained at the Stateville Correctional Institution on August 22, 1984, while visiting a friend who was a resident there.
The Claimant, Jacqueline Moore, arrived at Stateville at approximately noon that day, proceeded through the receiving building and was directed outside to a concrete walkway that led to the Institution itself.
As the Claimant walked towards the steps of the institution, she testified the walkway looked even and unobstructed, but her right foot abruptly stepped down onto a metal cover recessed several inches below the rest of the pavement. The Claimant lost her balance, her right knee hit the pavement and she landed on her buttocks. The Claimant was ultimately diagnosed as having sprained her ankle, but she was carried to the prison infirmary on a stretcher. Her foot swelled and her knee was bleeding. When she left the institution somewhat later, she sought medical aid at Rush-PresbyterianSt. Luke’s Hospital. Her ankle felt better in a week or so.
Before the State can be held liable for injuries caused by an alleged defective condition, it is necessary that there be evidence showing that an unsafe condition existed and that the State had actual or constructive notice of the unsafe condition. Pigott 2). State (1968), 26 Ill. Ct. C1. 262.
The Claimant has the burden to show by the preponderance of the evidence that the drop in the sidewalk was an unsafe condition in the circumstances.
Common observations of sidewalks show dips, inclines, [*206] curbs, driveways, etc. Persons walking along have the obligation to be on the lookout for such conditions. The present circumstances would however, lead a walker to believe that the sidewalk would be relatively free of defects, as it was a sidewalk on the prison grounds between the Administration building and the building used by visitors.
The Claimant described a manhole cover that was 2?4 inches below the sidewalk, and a concrete sidewalk that inclined in a dip to the level of the manhole cover.
The base of the dip was described as being I?; feet in diameter. Such a step down in what is primarily a pedestrian walkway could be an unsafe condition, and the State had notice of it. We find that the Claimant has met her burden of proof. (See Dmis v. State (1982), 35 Ill. Ct. C1. 269.) Evidence tending to disprove an unsafe condition could have been entered by the Respondent by photographs, direct testimony, etc., but it was not.
At the same time, the conditions were good; it was daylight; and the Claimant had an obligation to proceed with due care. Therefore, we find that the Claimant was also negligent. We find both parties each 50%negligent.
The Claimant has introduced or testified to medical bills in the amount of $602.00. We also find that the Claimant should be awarded damages for pain and suffering in the amount of $1,500.00. As the Claimant was 50%negligent, said damages shall be reduced by one-half. Therefore, we award the Claimant $1,051.00.