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Marion Dennis Hitt v. State of Illinois

35 Ill. Ct. Cl. 798 Illinois Court of Claims Filed 1982-11-03 No. 81-CC-0879
Disposition: (No. 81-CC-0879-Claini denied.) Agency: Moraine Hills State Park
Cite as: Marion Dennis Hitt v. State of Illinois, 35 Ill. Ct. Cl. 798 (1982)
General Court of Claims 35 denied 1980s Marion Dennis Hitt v. State of Illinois 35 Ill. Ct. Cl. 798 1982-11-03 (No. 81-CC-0879-Claini denied.) /opinions/v35-p0954-1/

MARION DENNIS HITT, Claimant, 0. THE STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought damages for a fractured ankle from stepping into a hole in a grassy area of Moraine Hills State Park. The court denied the claim because the claimant failed to establish that the State had actual or constructive notice of the hazardous condition.

Claim type: Personal Injury Negligence

Cases cited: Finn v. State (1962), 24 Ill. Ct. Cl. 177

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 (A NDREW R. JARETT, Assistant Attorney General, of counsel), for Respondent. STATE P A RKS AND RECREATION AREAS-broken ankle-no notice of holeclaim denied. Claim for broken ankle suffered when Claimant stepped into hole in grassy area at State park was denied, as Claimant failed to establish that State had any notice, actual or constructive, hole existed.

This is a claim for damages resulting from personal injuries the Claimant suffered when he encountered a hole located in a grassy area of Moraine Hills State Park on June 12, 1980. Hearings were conducted before Commissioner Robert E. Cronin. The testimony introduced was of the Claimant, John Schweder, park superintendent for the Moraine Hills State Park, Timothy Dusthimer, maintenance worker for the State of Illinois Department of Conservation, and Wilfred Blake, supervisor of maintenance workers at Moraine Hills State Park. Additionally, various documents' were received in evidence and are a part of the record.

The following salient facts herein summarized were established by Commissioner Cronin and duly reported to the Court:

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Claimant, Marion Dennis Hitt, sustained a fracture to I his left ankle when he encountered a hole located in a grassy area of Moraine Hills State Park on June 12, 1980. Claimant was at the time in the Moraine Hills day use area of the park. It was used, equipped and intended

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primarily for picnickers and barbecuers. I

Claimant submits in his brief that the danger in ques- i tion was a “hidden, non-obvious danger”.

It is almost axiomatic that, before the State can be held liable for an injury on property maintained by it, it must have actual or constructive notice of the dangerous I or hazardous condition. (Finn 0 . State (1962), 24 Ill. Ct. C1. 177.) In the instant case, the Claimant failed to establish any notice, actual or constructive, to the State of Ilinois of the hole into which Mr. Hitt fell. Accordingly, the claim of Marion Dennis Hitt is hereby denied.

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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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