FRANK RUDOW, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought $88.30 for damage to his garage door caused by a state truck driver. The court denied the claim, recommending the owner seek recourse from the driver for carelessness.

Claim type: Property Damage

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

Headnotes

PROPERTY DAMAGE-when no award will be made. The court recommends OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLE-

PROPERTY DAMAGE-when no award will be made. The court recommends that the claim be disallowed on the ground that action should be brought against the person causing the damage. ARLEY MUNTS, for claimant. OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLETON, Assistant Attorney General, for respondent.

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

According to claimant's statement, he was the owner of a certain brick garage building situated in the City of Morris in the State of Illinois; that said garage was rented to the State of Illinois for the use of the Division of Highways for one motor truck. It appears that the driver of a Reo motor truck drove through the door of said garage damaging the door in the sum of Eighty-eight and 30/100 ($88.30) Dollars, according to claimant.

This court is of the opinion that the owner of the garage should take action if any against the truck driver as there must be some carelessness somewhere, and this court recommends that this claim be disallowed.