WAYNE CAUDLE, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought damages for personal injuries and property damage after his car struck a hole in a state highway. The court found the state negligent and awarded $900 for the car and $25 for medical expenses, totaling $925.
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- IVAN A. ELLIOTT, Attorney General; C. ARTHUR NEBEL,Assistant Attorney General, f o r Respondent.
- NcGi,IGENcE-zohere hole in Xtate Highway causing damage t o automobile existed f o r f o u r or five days allowance will be made. Where claimant’s automobile h i t a hole 3 feet long and 18 to 24 inches wide, and the hole existed for four or five days t o the knowledge of a highway maintenance man employed by t h e State, allowance for the car, which was a complete wreck as a result, will be made.
- NOTICE-time amounting t o notice. Four or five days knowIedge of the existence of a hole in highway constitutes notice of such defect.
Claimant filed his claim on December 22, 1948, alleging that on the evening of December 24, 1947, at about 8:30 P. M. while driving his 1939 Dodge four-door sedan automobile at a moderate rate of speed on State Highway No. 37 between Olmsted, Illinois, and Mound City, Illinois, in Pulaski County, said claimant struck a hole in the pavement as he entered a curve in the road; that claimant lost control of his automobile causing said automobile to overturn twice, damaging the automobile beyond repair, and claimant also alleges that he sustained personal injuries.
The record consists of the complaint, transcript of evidence and claimant’s waiver of brief. The evidence shows that a hole measuring 3 feet long, 18 to 24 inches wide, and 3 inches deep developed in the paved road near the center line of said highway and that a highway maintenance employee of respondent had knowledge of this damaged pavement for four or five days prior to the accident.
The evidence further shows that the claimant’s automobile had a value of approximately $1,200.00 at the time of the accident; that it was a total wreck and that claimant sold the damaged automobile for the sum of $300.00. The evidence further shows that claimant received minor . injuries and had a doctor bill for treatment administered to him by Dr. Hudson in the amount of $25.00. The evi[*37]dence fails to prove damages for use of automobile,:loss .of wages and physical suffering for injuries sustained as
set forth in claimant’s complaint; that as a direct and proximate result of the negligence of. the respondent
claimant is entitled to an award in the sum of $900.00 representing tbe actual loss he sustained on his automobile and the sum of $25.00 representing professional services rendered by his doctor.
The evidence further shows that the claimant was
the sole owner of the automobile which was damaged.
An award is therefore entered in favor of claimant, Wayne Caudle, for the sum of $925.00.