MERIAM EVANS, Claimant, v. STATE O FILLINOIS, Respondent.
Case summary
Claimant sought $83.75 for property damage to her automobile caused by a state employee negligently operating a tractor mower that overturned onto her car. The court found the respondent failed in its duty, constituting negligence, and awarded the full amount.
Cases cited: Miller vs. Kresge Co., 306 Ill. 104
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Headnotes
- GEORGE F. BARRETT, Attorney General; C. A RTHUR NEBEL,Assistant Attorney General, f o r respondent.
- HIGKwAYS-danaage-aUtO~Obale of claamant damaged b y tractor mower operated by employee of State-when award f o r damages theref o r m a y be made. Where i t appears that employee of the State operated a tractor mower on the highway, cutting weeds along the shoulders thereof, so negligently and carelessly as to cause it to overturn on embankment, and fall on claimant’s automobile which she was driving on said highway- there is a failure of duty on the part of the State and the law attaches to such failure of duty the charge of negligence. Miller vs. Kresge Go.,, 306 Ill. 104.
On June 17, 1946 the claimant, Meriam Evans, was driving her automobile in a southerly direction on U. S. Route No. 45 in iVhite County, Illinois; she was driving about twenty-five miles per hour; Gordie Mills, an employee of the respondent, was operating a tractor mower on the highway, cutting weeds along the shoulders. This route is maintained by the respondent through the Division of Highways. As claimai? approached a relatively deep cut out section of the pavement, her car was overtaken by the motorized mower; the mower was so negligently and carelessly driven and operated that it overturned on the embankment, and fell upon her automobile, causing property damage in the amount of $83.75.
The record consists of the complaint, a departmental report which substantially corroborates the complaint, a stipulation that the departmental report constitute the record, and waiver of statement, brief and argument by both claimant and respondent.
The record shows a duty on the part of the defendant, and a failure to perform that duty, and a resulting injury. The law attaches to such failure of duty the charge of negligence. (Miller vs. Kresge Co., 306 Ill. 104.)
An award is therefore entered in favor of the claim: ant in the amount of $83.75.