RAY X. GEISEN, Claimant, v. STATE O FILLINOIS, Respondent. Opinaon filed May i2, 19&3. THOMAS S. MACKINLEY
Case summary
Claimant sought $40,000 for injuries from an auto accident allegedly caused by the state's failure to maintain warning lights on a viaduct. The court dismissed the claim, holding the state is immune from negligence liability when acting in a governmental capacity.
Cases cited: Spzwrell, et al. vs. State, 10 C. C. R. 74; Gerdes vs. State, 11 C. C. R. 243; Sale vs. State, 10 C. C. R. 379; Mathiezc, et al. vs. State, 11 C. C. R. 397
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Headnotes
- NEGLXGENCE-emplO~eeS Of Diviszon Of Highwayc:-Etate not liable foraward cannot be m a d e for damages resultang o n grounds of equity and good consmenee. I n the construction and maintenance of its public highways the State exercises a governmental function and is not liable for damages to - persons or property caused by either a defect i n the construction, or failure to maintain same in a safe condition, or the malfeasance, misfeasance or negligence of its officers, agents or employees in connection therewith, and n o award can be made therefor under any theory of law or equity.
In his complaint filed in this court on March 12, 1943, the claimant, Ray E. Geisen, alleges that on March 14, 1941, he was driving his automobile in a southerly direction on U. S. Route 66, and that at a point approximately one mile north of Joliet, Illinois, his automobile struck one of the pillars or supports of a viaduct, resulting in severe and permanent injury to claimant. He further alleges that the accideht was caused by the negligence of the respondent in permitting the viaduct to be without warning lights or signals. Claimant seeks damages in the amount of $40,000.00.
Respondent has filed a motion to dismiss the complaint on the ground that it does not state a claim which the State of Illinois as a sovereign commonwealth should discharge and pay.
This court has repeatedly held that in the construction and maintenance of its system of State highways, the State of Illinois is acting in a governmental capacity. (Spzwrell, et al. vs. State, 10 C. C. R. 74; Gerdes vs. State, 11 C. C. R. 243), and it has been uniformly held that in the exercise of such governmental functions, the State js not liable for the negligence, of its officers, agents, or employees. ( Sale vs.
[*461] State , 10 C. C . R. 379; Mathiezc, et al. vs. State , 11 C. C. R; 397.)
The motion of the respondent is therefore granted and claim dismissed.