Asp v. State of Illinois — 6 Ill. Ct. Cl. 555

ELMER J. ASP, ADMINISTRATOR OF THE ESTATE OF KENNETH E. ASP, Deceased, ELMER E. ASP, JOHN E. ASP, AAROLD G. ASP, IN- DIVIDUALLY AND AS HEIRS AT LAW AND DEPENDENTS OF KENNETH E. ASP, Deceased, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought damages for the accidental death of Kenneth E. Asp, a militiaman killed during a convoy halt when struck by a civilian car. The court found he died in line of duty and awarded $3,750.00.

Claim type: Line Of Duty Death

Statutes cited: Section 11, Article 16 of the Military and Naval Code of the State of Illinois

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

Headnotes

Deceased, ELMER E. ASP, JOHN E. ASP, AAROLD G. ASP, IN- PERSONAL INJURY-when award will be made for personal injuries re-

PERSONAL INJURY-when award will be made for personal injuries resulting in death-Illinois National Guard. Where claimant suffers injuries in line of duty resulting in death while a member of the Illinois National Guard, an award will be made under the Military and Naval Code of the State. CHARLES F. FITZGERALD, for claimant. OSCAR E. CARLSTROM, Attorney General; CARL I. DIETZ, Assistant Attorney General, for respondent.

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

This is a claim brought for damages resulting in the accidental death of Kenneth E. Asp under the provision of Section 11, Article 16 of the Military and Naval Code of the State of Illinois. The deceased was a resident of the City of Chicago at the time of the fatal accident. He was attached to the 108rd Motor Transport Corps of the 33rd Division of the State Militia during the 1930 annual summer encampment at Camp Grant, Illinois. A unit convoy in command of the deceased left Camp Grant for Chicago on Aug. 18th, 1930, and in course of their journey it became necessary to wait for another unit ahead to proceed. The deceased was directing traffic during the halt when a civilian's car approached at a high rate of speed and in swerving to the right to avoid hitting a convoy truck he struck the deceased knocking him to the ground. The deceased was carried to the hospital in Elgin where he died about 8 hours later as a result of his injuries. [*556]

It appears that deceased lost his life in line of duty and it is recommended by the Attorney General in the event liability is established that claimant be allowed the sum not to exceed Thirty-seven Hundred and Fifty ($3,750.00) Dollars.

This court is of the opinion that said amount is reasonable and therefore recommends the claim be allowed in the sum of Thirty-seven Hundred and Fifty ($3,750.00) Dollars.