WILLIE ANN SMITH, Administrator of the Estate of James Ridley, Deceased, a/k/a James Dixon, Claimant, v. THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought recovery for alleged negligent acts by state agents resulting in decedent's suicide. The court granted the motion to dismiss because claimant failed to exhaust remedies against other potentially liable parties.
Statutes cited: 705 ILCS 505/25
Cases cited: Wood v. Cole, 181 Ill.2d 512, 693 N.E.2d 333 (1998); Johnson v. American Family Mutual Insurance Company, 193 Ill.App.3d 794, 550 N.E.2d 668 (4th Dist. 1990); Rodger v. St. Mary's Hospital of Decatur, 149 Ill.2d 302, 597 N.E.2d 616 (1992)
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- Exhaustion of Remedies - Claimant’s complaint for negligence against State was dismissed for failure to exhaust remedies where Claimant sought recovery for Claimant’s decedent’s death by suicide at correctional center against only one of four treating physicians counseling decent prior to his suicide.
- Exhaustion of Remedies - Section 25 of the Court of Claims Act requires any person who files a claim in the Court of Claims, before seeking final determination of his or her claim, to exhaust all other remedies and sources of recovery whether administrative or judicial.
- Exhaustion of Remedies - Joint and Several Liability - The doctrine of joint and several liability does not relinquish Claimant of his or her duty to exhaust remedies against all tortfeasors who may be jointly or severally liable.
- Exhaustion of Remedies - Joint and Several Liability - The settlement of a claim against one tortfeasor does not extinguish liability against other tortfeasors who may be jointly and severally liable, and Claimant is obligated to pursue remedies against said tortfeasors.
- Joint and Several Liability - The common law doctrine of joint and several liability provides that when two or more individuals tortiously contribute to the same indivisible injury, each individual may be held jointly and severally liable for the entire damage sustained and Claimant may pursue all, some, or one of the tortfeasors responsible for the injury in order to recover, but only one recovery may be had.
- Joint and Several Liability - Under a theory of joint and several liability, when Claimant settles with one party, the remaining tortfeasors remain jointly and severally liable, minus the amount of the settlement.
ORDER
SPRAGUE, C. J. This is a Motion to Dismiss claiming the Complaint should be dismissed for failure to exhaust remedies. Claimant seeks recovery for alleged negligent acts of omission committed by the Respondent through its agents resulting in Claimant’s decedent’s death (James Dixon) by suicide on June 27, 1997 at Henry Hill Correctional Center in Galesburg, Illinois. The Claimant had sued Dr. Muhammad Choudry and that case is settled. Respondent claims that Claimant should have brought actions against Sally Wolford RN, Russell Orwig LCSW, Dr. Harry Schuman and Wexford Health Sources, Inc.
Respondent further alleges Claimant sought to amend its Complaint in Federal Court to add these parties and was denied the right to amend.
Respondent alleges that Claimant had a viable cause of action against Sally Wolford because she may have been negligent in releasing Dixon out of the infirmary and into segregation contrary to the Department’s policies.
Respondent alleges that Claimant had a viable cause of action against Russell Orwig, a clinical social worker for failing to properly recognize the suicidal risk factor presented by Dixon’s condition, failing to adequately assess Dixon’s condition, failing to adequately treat Dixon’s worsening condition, and failing to seek proper psychiatric care for Dixon. Respondent claims Claimant had a viable cause of action against Dr. Harry Schuman for failing to provide adequate mental health professionals for treatment of inmates possessing mental disorders while at Henry Hill Correctional Facility. Respondent claims Claimant has a viable cause of action against Wexford Health Sources, Inc. because Wexford may have been aware of Dr. Choudry’s lack of training and experience in the area of mental health disorders and psychiatric care.
Claimant responds to the motion stating that the Respondent ignores the doctrine of joint and several liability and that by settling with Dr.
Choudry the Claimant effectively settled with all of the people and the company which Respondent states that Claimant failed to sue. The common law doctrine of joint and several liability provides that when two or more individuals tortiously contribute to the same indivisible injury, each individual may be held jointly and severally liable. Wood v. Cole, 181 Ill.2d 512, 693 N.E.2d (333 (1998). Joint tort-feasers are jointly and severally liable for [*190] the entire damage sustained and Plaintiff may pursue all, some, or one of the tort-feasers responsible for the injury in order to recover, but only one recovery may be had. Johnson v. American Family Mutual Insurance Company, 193 Ill.App.3d 794, 550 N.E.2d 668 (4th Dist. 1990). When Plaintiff settles with one party, the remaining tort-feaser remains jointly and severally liable, minus the amount of the settlement. Rodger v. St. Mary’s Hospital of Decatur, 149 Ill.2d 302, 597 N.E.2d 616 (1992). Therefore this settlement with Dr.
Choudry did not extinguish the liability against the parties Respondent states Claimant has failed to exhaust her remedies against. 705 ILCS 505/25 requires any person who files a claim in the Court of Claims, before seeking final determination of his or her claim, to exhaust all other remedies and sources of recovery whether administrative or judicial. In this case the Claimant has not exhausted all of the remedies because of the failure to pursue Sally Wolford, Russell Orwig, Dr. Harry Schuman and Wexford Health Sources, Inc.
For the foregoing reasons the Motion to Dismiss is granted.