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Hayes v. State of Illinois

6 Ill. Ct. Cl. 233 Illinois Court of Claims Filed 1929-04-23 No. 1449
Disposition: (No. 1449-Claimant awarded $392.20.) Award: $392.20 Agency: Northern Illinois State Teachers College
Cite as: Hayes v. State of Illinois, 6 Ill. Ct. Cl. 233 (1929)
Legacy General 6 awarded 1920s Hayes v. State of Illinois 6 Ill. Ct. Cl. 233 1929-04-23 (No. 1449-Claimant awarded $392.20.) /opinions/v06-p0254-1/

MARION C. HAYES, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant, a teacher at Northern Illinois State Teachers College, suffered a compound fracture of the clavicle while coaching the football team. The court awarded him $392.20 for medical expenses, as recommended by the Director of Registration and Education and the Attorney General.

Claim type: Personal Injury Negligence

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 award will be made for hospital and doctor

The claimant, Marion C. Hayes, represents that he is a member of the Educational Department of the Northern Illinois State Teachers College, and that he assisted the physical director in coaching the football team, at the request of [*231] the president of the college. The claimant represents that he has served the college as a teacher since September, 1926, and he assisted the football coach for more than three weeks.

That on October 8th, while in the discharge of his duties on the football field he suffered a compound fracture of the clavicle and was, at the time, instructing some of the football squad in the throwing and receiving of forward passes. That during the course of his instruction of the football team he fell on his left shoulder incurring a compound fracture of the left clavicle. He was immediately taken to the office of Dr.

G. H. Joost of DeKalb, Illinois, he attending to his injury.

The broken bones did not grow together so after two weeks Dr. Joost put a vulpeau bandage on the left shoulder and assured him repeatedly that the clavicle would be in good condition. After five weeks of suffering, X-rays showed that the clavicle was not knitting and that he was advised by Dr.

Joost to go to Dr. A. H. Conley, 4100 West Madison Street, Chicago, Illinois. Dr. Conley set the broken bones and compelled him to go to bed with a "salt bag" between his shoulder blades and in such position he remained for sixteen days.

The claimant was compelled, by reason of his injury to go to the University Hospital in Chicago, under the care of Dr. Conley and to make numerous trips to Chicago to see the doctor. Proof shows that the claimant is still suffering pain from the clavicle which is broken and has not completely recovered the use of his left arm and shoulder.

The claimant attaches to his declaration as exhibits the hospital bill and physician bills amounting to the sum of $392.20.

The payment of the claim is recommended by Dr. A. N. Shelton, Director of Registration and Education and also by the Attorney General.

We, therefore, award the claimant the sum of $392.20.

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