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Gilbert Gall v. State of Illinois

32 Ill. Ct. Cl. 136 Illinois Court of Claims Filed October 21, 1977 No. 76-CC-0280
Disposition: (No. 76-CC-0280-Claim dismissed.)
Cite as: Gilbert Gall v. State of Illinois, 32 Ill. Ct. Cl. 136 (1977)
General Court of Claims 32 dismissed 1970s Gilbert Gall v. State of Illinois 32 Ill. Ct. Cl. 136 October 21, 1977 (No. 76-CC-0280-Claim dismissed.) /opinions/v32-p0243-1/

GILBERT GALL, Claimant, v. STATE OF ILLINOIS, Respond- ent.

Headnotes

  1. PRACTICE AND PROCEDURE-Statute of limitations for cause of action involving personal injury. The time within which a complaint for damages bases upon personal injury must be filed is two years from the date of the occurrence.
  2. PREPARE ADELA RESTS Sore oe tea Tee eeate ee?
  3. SAME-Res Judicata. Where an agent of the State has been adjudicated not guilty of negligence in another Court of competent jurisdiction, an action against the State, as principal, in the Court of Claims will be dismissed on the theory of res judicata.
  4. SamME-Election of remedies. Where Claimant has elected to proceed in another Court of competent jurisdiction to verdict and judgment, he has elected his remedy and becomes bound thereby.

This matter comes before the Court on Respondent’s motion to dismiss the complaint heretofore filed by the Claimant.

Complaint was filed on August 28, 1975, for injuries which occurred on August 27, 1973.

On January 3, 1974, Claimant filed suit in the LaSalle County Circuit Court against Garry L. Johnson, which case was At Law No. 74-1-8 L, seeking damages from the defendant, a State Trooper, for injuries received as a consequence of the occurrence of August 27, 29 es The motion for dismissal, in Count I, moves for dismissal on the grounds that the statute of limitations had not been complied with since the claim was filed more than two years after the date of the accident. In Count II, the motion sets forth as grounds for dismissal the fact thatin LaSalle County Circuit Court judgment was entered on June 18, 1975, in favor of the defendant.

In this Count, Respondent states that this case is res judicata and, therefore, the claim filed in this Court is barred by prior adjudication.

In Count III of Respondent’s motion to dismiss, it further states that Claimant has made an election of remedies by proceeding to a verdict and judgment in the LaSalle County Circuit Court and accordingly heis barred from prosecuting this claim in the Court of Claims.

[*138] It appearing to this Court that all of Respondent’s objections are valid, any one being sufficient to sustain the motion to dismiss, said motion to dismiss is hereby granted and said cause is dismissed.

Official volume 32 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1978 – July 1, 1977–June 30, 1978; Fiscal Year 1979 – July 1, 1978 – June 30, 1979)  ·  All opinions in this volume  ·  Also on CourtListener

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