ROBERT A. FLORES, Claimant v. THE STATE OF ILLINOIS, Respondent
Case summary
Claimant sought damages for vehicle damage during emissions testing. The court dismissed the claim because claimant failed to exhaust administrative remedies against Envirotest Illinois, Inc. as required by statute and court rules.
Statutes cited: 705 ILCS 505/25; 625 ILCS 5/13B-40; 625 ILCS 5/13B-40(A); 74 Ill.Adm.Code 790.60; 74 Ill.Adm.Code 790 140
Cases cited: Lyons v. State, 34 Ill.Ct.Cl. 268 (1981); Davaney v. State, 46 Ill.Ct.Cl. 461 (1996)
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 against the State of Illinois for property damage incurred as a result of allegedly negligent actions of the Illinois Environmental Protection Agency (IEPA) during vehicle emissions testing was dismissed for failure to exhaust all other remedies where Claimant failed to sue Envirotest Illinois, Inc., the private agency that owns and operates the emissions testing stations
- Exhaustion of Remedies - Court of Claims Rule 790.60 and Section 505/25 of the Court of Claims Act require a claimant to exhaust all other remedies against all other sources of recovery for injury or damages prior to seeking final determination of his or her claim in the Court of Claims.
ORDER
BIRNBAUM, J. THIS MATTER coming to be heard on the Respondent’s Motion to Dismiss the claim herein, and it appearing to the Court that Claimant has received due notice and the Court being fully advised in the premises.
On June 28, 2004, Claimant filed his Complaint against the State of Illinois for property damage, alleging that on June 8, 2004, his vehicle did incur damage as a result of allegedly negligent actions of the Illinois Environmental Protection Agency (IEPA) during vehicle emissions testing.
Respondent’s Departmental Report, filed contemporaneously with its Motion to Dismiss pursuant to Court of Claims Rule 790 140 (74 Ill.Adm.Code 790 140), contains a September 6, 2006, letter from the IEPA (IEPA letter), and a September 7, 2006, letter from Envirotest Illinois, Inc. (Envirotest letter).
The IEPA letter establishes that vehicle emissions testing stations are, by contract, owned and operated by Envirotest Illinois, Inc. (Envirotest). In addition, said contract provides that Envirotest assumes liability for any [*330] damages incurred during a test. Furthermore, the IEPA letter establishes that damage claim procedures are in place that require an owner of a damaged vehicle to make a claim with Envirotest. If dissatisfied with Envirotest’s proposed resolution in response to the claim, the owner can petition the IEPA to review the proposed resolution. If dissatisfied with the IEPA’s review, the owner can proceed to binding arbitration or bring suit in the circuit court. The damage claim procedure is also codified in the Illinois Vehicle Code at 625 ILCS 5/13B-40 (a copy of the statute is attached hereto). Section 5/13B-40 of the Illinois Vehicle Code states that an owner shall initiate a claim for property damage allegedly caused by testing within thirty (30) days of the vehicle emissions inspection 625 ILCS 5/13B-40(A).
Court of Claims Rule 790.60 and Section 505/25 of the Court of Claims Act require the Claimant to exhaust all other remedies against all other sources of recovery for injury or damages prior to seeking final determination of his claim in the Court of Claims, 74 Ill.Adm.Code 790.60, 705 ILCS 505.25, Lyons v. State, 34 Ill.Ct.Cl. 268 (1981), clarified Section 25 of the Court of Claims Act and Section 790.60 of the Court of Claims Regulations and states that exhaustion of remedies is mandatory and not a matter for a claimant’s discretion. In Davaney v. State, 46 Ill.Ct.Cl. 461 (1996), this Court stated, “exhaustion of remedies is a fundamental jurisdictional requirement which must be satisfied in order for any claim to be brought before this Court and the Court is not at liberty to disregard it”.
The Envirotest letter establishes that the Claimant did not file any claims for property damage associated with the June 8, 2004, vehicle emissions testing.
IT IS HEREBY ORDERED that the motion of the State of Illinois is granted and the claim herein is dismissed with prejudice for failure to exhaust remedies pursuant to 705 ILCS 505/25.