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Koehler v. State of Illinois

6 Ill. Ct. Cl. 180 Illinois Court of Claims Filed 1929-03-28 No. 1317
Disposition: (No. 1317-Claim denied.) Agency: Department of Public Works and Buildings
Cite as: Koehler v. State of Illinois, 6 Ill. Ct. Cl. 180 (1929)

FRED KOEHLER, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought reimbursement for $250 paid to settle an employee's workers' compensation claim for an injury sustained while cleaning Calokia Mound State Park under contract with the State. The court denied the claim, holding that the claimant should have obtained insurance and cannot hold the State liable for risks inherent in his contract performance.

Claim type: Contract

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. PERSONAL INJURY-when State not liable for reimbursement for injur- OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLE-

PERSONAL INJURY-when State not liable for reimbursement for injuries sustained by an employee of a contractor. The State is not liable to a contractor in the performance of his contract with the State for the amount determined by the Industrial Commission and paid by such contractor for personal injuries sustained by an employee of such contractor. FRED KOEHLER, pro se. OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLETON, Assistant Attorney General, for respondent.

MR. CHIEF JUSTICE CLARDY delivered the opinion of the court:

It appears that claimant entered into a contract with the State of Illinois through the Department of Public Works and Buildings whereby he was to clean the debris, weeds and brush off of Calokia Mound State Park, an institution owned by the State of Illinois.

It appears that in carrying out his contract he employed one Dan Enright to assist and while Enright was working for him in cleaning of said park, he injured his thumb by scratching same upon a barbwire.

That subsequent to said injury septic poisoning set in causing a loss of motion in said thumb making it necessary to cut off part of the bone.

That the said Enright filed a petition before the Industrial Commission for a settlement of the injury under the Work[*181]men's Compensation Act, and that this claimant settled a claim or action of Enright for the sum of $250.00 and it appears that claimant paid Enright $250.00 in settlement for same.

It is the opinion of this court that the claimant in undertaking the performance of his contract with the State of Illinois, should be diligent in the matter of insurance against damage or injury sustained by his employees. It would seem that he would be mindful of the hazards of such employment as was considered necessary in carrying out the contract with the State, and consequently it would hardly seem consistent for him to call upon the State of Illinois to respond for a claim growing out of the performance of his end of the contract.

Therefore it is recommended that the claim be dismissed.

Official volume 6 (Containing cases in which opinions were filed between July 1, 1927–June 30, 1931)  ·  All opinions in this volume  ·  Also on CourtListener

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