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Rose Torres v. The State'Of Illinois-Department of Mental Health et al.

36 Ill. Ct. Cl. 147 Illinois Court of Claims Filed 1983-07-22 No. 80-CC-0185
Disposition: (No. 80-CC-0185-Claimant awarded $9,000.00.) Award: $9,000.00 Agency: Waukegan Developmental Center
Cite as: Rose Torres v. The State'Of Illinois-Department of Mental Health et al., 36 Ill. Ct. Cl. 147 (1983)
General Court of Claims 36 awarded 1980s Rose Torres v. The State'Of Illinois-Department of Mental Health et al. 36 Ill. Ct. Cl. 147 1983-07-22 (No. 80-CC-0185-Claimant awarded $9,000.00.) /opinions/v36-p0232-1/

ROSE TORRES, Administratrix 'of the Estate of Benny Moy, Deceased, Claimant, v. THE STATE'OF ILLINOIS-DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES, Respondent. '' Opirrion filed J u l y 22, 1983.

Case summary

Claimant sought damages for the wrongful death of Benny Moy, a mentally retarded resident who froze to death after exiting a building due to a negligently maintained alarm system. The court awarded $9,000 based on a joint stipulation.

Claim type: Wrongful Death

Cases cited: Todd v. State (1978), 32 Ill. Ct. Cl. 87; Karluski v. Board of Trustees of the University of Illinois (1966), 25 Ill. Ct. Cl. 295

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

Headnotes

  1. EIOSPITALS AND.INSTITUTIONS-retarded patient froze to death- defective alarms an exit doors-stipulation-awar~~ granted. The parties entered into a stipulation that the State was negligent in.installing and maintaining the alarm system on the exit doors at a developmental center,. and that decedent, a a
  2. mentally retarded patient, froze to death when he exited the building where he resided without proper clothing and supervision, and an award was granted, as State knew that decedent was retarded and unable to properly care for himself, and the improper functioning of the alarm system permitted decedent to exit the building without alerting the authorities.

This is an action to recover for the personal injuries and wrongful death of Claimant's decedent, Benny Moy, on January 13,1979. At the time of his death, Benny Moy was 22 years of age, mentally retarded and a resident assigned to Building No. 33 of the Respondent, Waukegan Development a1 Center .

That since the initiation of this claim, the parties have engaged in extensive discovery and have entered into a joint stipulation.

[*148] This Court therefore finds that based upon the parties’ joint stipulation, it determines that during the latter part of 1974, or early 1975, the Respondent installed an alarm system in Building No. 33 of the Waukegan Developmental Center to notify personnel of said facility of the opening of exit doors. The alarm was installed by Respondent’s maintenance personnel who lacked professional training in the design and installation of such systems. That from the time of its installation, the alarm system did not function properly and was subject to repeated failures. Respondent’s servants and agents knew of the failures, yet failed to take the necessary steps to revise or otherwise repIace said system.

That prior to his death, the Respondent also had actual knowledge of the Claimant’s decedent’s mental retardation as well as his inability of caring for his own safety.

I

The Court further finds that on January 13,1979, the . I alarm system to Building No. 33 was inoperable; that Respondent negligently and carelessly permitted the Claimant’s decedent to exit the building without the benefit of any clothing and without supervision. That as a proximate result of the Respondent’s negligence, the Claimant’s decedent froze to death on the grounds of the Waukegan Developmental Center. See Todd 2). State (1978), 32 Ill. Ct. C1.87; Karluski v . Board of Trustees of the University of Zllinois (1966), 25 Ill. Ct. C1. 295.

The parties have agreed that it is in their respective best interests to stipulate to the foregoing facts and to I agree that the sum of nine thousand ($9,000.00) dollars be awarded the administrator of Claimant’s estate as fair and just compensation for his injuries and wrongful death resulting from the occurrence in question.

[*149] It is hereby ordered that the Court finds the parties’ joint stipulation to be fair and just and that the sum of nine thousand ($9,000.00)dollars be awarded the Claimant, Rose Torres, administrator of the estate of Benny Moy, deceased, in full satisfaction of any and all claims presented to the State of Illinois under the above captioned cause.

Official volume 36 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1984 – July 1, 1983–June 30, 1984)  ·  All opinions in this volume  ·  Also on CourtListener

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