HENRY ATKINSON, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought an award for injuries sustained while an inmate at the Illinois State Penitentiary, alleging negligence by the respondent. The court dismissed the claim because it was filed more than two years after accrual, and confinement in the penitentiary is not a disability that tolls the statute of limitations.
Statutes cited: Ill. Rev. Stat., 1949, Chap. 37, Sec. 439.22
Cases cited: Weber vs. State, 19 C.C.R. 33; Auto Electric Co. vs. State, 20 C.C.R. 198; Flynn vs. State, 19 C.C.R. 184; McEZyea vs. State, 7 C.C.R. 69; Robertson vs. State, 19 C.C.R. 146
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Headnotes
- LIMITATIoNs-disabilitY. Confinement in the penitentiary is not such a disability as would toll the running of the statute of limitations.
On February 19, 1953, claimant, Henry Atkinson, filed his complaint in this Court seeking to recover an award for injuries sustained by him on September 30, 1949, allegedly due to the negligence of respondent, while claimant was an inmate of the Illinois State Penitentiary, Stateville Branch.
Section 22 of the present Court of Claims Act, Ill. Rev. Stat., 1949, Chap. 37, See. 439.22, provides that the filing of a claim, unless sooner barred, within [*430] two years of its accrual, is jurisdictional “saving to I infants, idiots, lunatics, insane persons, and persons under other disability at the time the claim accrues two years from the time the disability ceases”. Weber vs. State, 19 C.C.R. 33, and Auto Electric Co. vs. State, 20 C.C.R. 198.
Although respondent has filed no motion pointing out that the complaint has been filed too late, since jurisdiction of this Court is involved, and the question of the jurisdiction of this Court may be raised at any time, even by the Court on its own motion, we, therefore, must determine whether we cah hear this case.
Flynn vs. State, 19 C.C.R. 184.
The complaint, on its face, shows that claimant is not now, and has not, since his claim accrued, been under any disability, which would toll the running of time against him.
It has always been the rule in this Court that confinement in the penitentiary is not such a disability7 as would toll the running of the statute. McEZyea vs.
State, 7 C.C.R. 69, Robertson vs. State, 19 C.C.R. 146.
The latter case contains a complete discussion of the problem involved herein, and in that cad? the claim was dismissed, because the former convict, therein involved waited too long to file his case. ) In view of the foregoing, claimant has filed his complaint too late, and this Court is without jurisdiction to hear it.
The case is dismissed.[*431]