BRUCE J. OSHER, Claimant, 2). THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant alleged negligence by the State causing personal injuries. The court denied the claim because the notice requirements of section 22-1 were not complied with, and claimant's motion to vacate the dismissal was not granted as waiver was not shown.
Statutes cited: Ill. Rev. Stat., ch. 37, par. 439.22-1
Cases cited: Elliston v. State of Illinois (no citation given)
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Headnotes
- TYRONE C. FAHNER, Attorney General (J OHN R. FANONE,Assistant Attorney General, of counsel), for Respondent.
- NEGLIGENCE-Waiver relating to municipalities with insurance is not applicable to State. The Claimant's motion to vacate the dismissal of his complaint based on negligence due to the lack of proper notice was denied, where the Claimant argued that a waiver of the notice requirements existed because of the presence of insurance coverage, since the waiver relating to municipalities with insurance is inapplicable to the State.
This claim arose out of several alleged acts of negligence on the part of the State which were said to have caused Claimant severe and permanent personal injuries. On December 10, 1980, we entered an order granting a motion by Respondent to dismiss on grounds that the notice requirements of section 22-1 (Ill. Rev. Stat., ch. 37, par. 439.22-1), were not complied with.
Claimant moved to vacate said order and, in support of his motion, argued that a waiver might have occurred, and requested an additional 45 days to ascertain its existence. Respondent objected on two grounds: the first attaching the timeliness of Claimant’s motion to vacate, and the second being directed to Claimant’s argument for a waiver.
We do not find it necessary to address the first objection by Respondent. Even if we assume that the motion to vacate was filed on time and that insurance existed, we have held in Elliston ‘o. State of ZZZinois, No.