SOL RASKIN, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought damages for injuries from being struck by a police officer's automobile. The court sustained the demurrer and denied the claim because the State is not liable for negligence of its employees in governmental duties.

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

PLEADING-when demurrer will be sustained. When declaration on its face fails to state a cause of action, demurrer will be sustained.

MEYER L. CHERKAS, for claimant. OTTO KERNER, Attorney General; CARL DIETZ, Assistant Attorney General, for respondent.

MR. JUSTICE VAUSE delivered the opinion of the court:

This is a claim filed by Sol Raskin seeking to recover damages for injuries received from being struck by an auto[*180]mobile in a public street in the City of Chicago. The declaration in the case sets forth that Ruskin was a pedestrian crossing a public street in the City of Chicago and while doing so was struck by an automobile being driven by a police officer of the State of Illinois, and that such police officer was at the time and place of the accident acting in the line of duty in the management and control of the said automobile as a police officer of the State of Illinois.

To this declaration the Attorney General has filed a demurrer. In addition, a stipulation of facts on the part of the attorneys for the plaintiff and the Attorney General has also been filed.

Neither the declaration nor the facts show any liability on the part of the State. It is well settled that the State is not liable for injuries caused by the negligence of its agent or employees, while in the exercise of their governmental duties.

The demurrer is therefore sustained, claim denied, and the case dismissed.