GLENVIEW STATE BANK, Claimant, 0.THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought to hold the State liable when the Secretary of State's office issued a duplicate certificate of title that failed to indicate a lienholder. The Court dismissed the claim, following precedent and Illinois Vehicle Code Section 3-114(h), which states the Secretary of State shall not be held liable for such errors.
Statutes cited: Ill. Rev. Stat. 1977, ch. 95½, par. 3-114(h)
Cases cited: Blake v. State, 21 Ill. Ct. Cl. 141; Bank of Lyons v. State, 26 Ill. Ct. Cl. 104; Wagoner v. State, 27 Ill. Ct. Cl. 127; Brown v. State, No. 75-CC-1408
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Headnotes
- T YRONE C. F AHNER , Attorney General (GLEN P. L ARNER, Assistant Attorney General, of counsel), for Respondent .
- AUTOMOBILESA ND MOTOR VEHrcLEs-certificates of title-Secretary o f State not liable for mistakes. Claim dismissed in action arising from the issuance of a duplicate certificate of title, which failed to indicate the existence of a lienholder, as the State of Illinois is not liable for any mistakes made by the Secretary of State’s office in issuing certificates of title to motor vehicles.
This matter comes before the Court upon motion of Respondent for reconsideration of an order heretofore entered by this Court and Claimant’s objection to said motion.
The question involved in this case is whether or not the State of Illinois is liable to Claimant when the Secretary of State’s office issued a duplicate certificate of title, which title failed to indicate the existence of a lienholder.
The Court has previously dealt with this issue in four separate and distinct cases: Blake v . State, 21 Ill. Ct. C1. 141; Bank of Lyons v . State, 26 Ill. Ct. C1. 104; Wagoner v . State, 27 Ill. Ct. C1. 127; and Brown 2). State, No. 75-C C - 1408.
In light of the opinions rendered in the above cases and the statutes of the State of Illinois which indicate the State is not to be held liable for any mistakes made by the Secretary of State’s office, it becomes incumbent [*144]
upon the Court to follow the rules heretofore laid down
and also the statutes involved. A particular statute is
Section 3-114(h) of the Illinois Vehicle Code (Ill. Rev.
Stat. 1977, ch. 95%,par. 3-114(h) which states as follows: “The Secretary of State shall not be held civilly or criminally liable to any person because any purported transferor may not have had the power or authority to make a transfer of any interest in any vehicle.”
It appears the only remedy for this situation would be with the legislature of the State of Illinois and not with the Court of Claims. The Court finds the State of Illinois is not responsible and this cause should be dismissed.