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David Tillotson v. State of Illinois

35 Ill. Ct. Cl. 353 Illinois Court of Claims Filed 1981-07-17 No. 81-CC-1514
Disposition: (No. 81-CC-1514-Claim dismissed.) Agency: Illinois Department of Transportation
Cite as: David Tillotson v. State of Illinois, 35 Ill. Ct. Cl. 353 (1981)
General Court of Claims 35 dismissed 1980s David Tillotson v. State of Illinois 35 Ill. Ct. Cl. 353 1981-07-17 (No. 81-CC-1514-Claim dismissed.) /opinions/v35-p0510-1/

DAVID TILLOTSON, Administrator of the Estate of Edward Tillotson, Deceased, Claimant, v . THE STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought damages for the wrongful death of Edward Tillotson, who was struck by a car while walking on a roadway due to impassable sidewalks. The court dismissed the claim, holding that the Illinois Department of Transportation has no duty to maintain sidewalks within municipalities, as that responsibility lies with the municipality.

Claim type: Wrongful Death

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. T YRONE C. FAHNER, Attorney General (S ANDRA L. ANDINA, Assistant Attorney General, of counsel), for Respondent.
  2. HlcHWaYs-personal injury-sidewalk maintenance duty of municipality- claim denied. Maintenance of sidewalks located within municipality is duty of municipality, and therefore, injuries sustained when Claimant’s decedent was struck by automobile when forced to walk in street because of impassable sidewalk were not responsibility of State and claim would be dismissed.

This matter comes before the Court upon motion of Respondent to dismiss, Claimant’s response to motion to dismiss, and motion for general continuance by Claimant.

Claimant’s motion for general continuance does not set forth any reason for his request for said continuance, and therefore, said request is denied.

Respondent’s motion to dismiss sets forth that the accident upon which this claim is based was the result of decedent being struck by a car while walking on the roadway along 162nd Street within the village of South Holland, Illinois, and that decedent was compelled to walk on the roadway because of the impassability of the adjacent sidewalk due to accumulation of snow and ice. Said motion further sets forth that the Illinois Department of Transportation is under no duty to build or maintain sidewalks or overpasses located within municipalities; that such would be the duty of the municipalities themselves; and that the village of South Holland is a municipality and therefore the State is not responsible for said accident.

It is hereby ordered that Respondent’s motion to dismiss be, and the same is, granted, and this cause is dismissed.

Official volume 35 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1982 – July 1, 1981–June 30, 1982; Fiscal Year 1983 – July 1, 1982 – June 30, 1983)  ·  All opinions in this volume  ·  Also on CourtListener

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