RIVER OAKS MOBILE HOME PARK, Claimant, v . THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought damages for property damage to its vehicle caused by a collision with a State police car. The court found the police car did not have its siren or Mars lights on at the time of the accident, and awarded $1,039.33.
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- NEIL F. HARTIGAN, Attorney General (KATHLEEN O’BRIEN, Assistant Attorney General, of counsel), for Respondent.
- NECLIGENCE-Chim4Znt’S vehicle struck by p o k e car-chim allowed. The Claimant was granted an award for the property damage done to his vehicle when it was struck by a State police car while both vehicles were turning into a gas station, since Claimant presented uncontradicted testimony that the police car had neither its siren nor Mars lights on at the time, notwithstanding the fact that the State trooper was going to the gas station to investigate a prior accident.
Respondent’s State police car, driven by Trooper A. Martinez, collided with Claimant’s vehicle on November 20, 1982. The police car struck the left rear of Claimant’s vehicle as Claimant’s vehicle was completing a left turn into a gas station on Route 30 near Torrence Avenue in Sauk Village, Cook County, Illinois. Both vehicles had been eastbound on Route 30 at approximately 1O:OO p.m. on a “misty” night.
Claimant suffered property damage in the amount of $1,039.33.The disposition of this case is controlled by [*271]
27 1 the Court’s finding on the issue of whether the police car had its siren on and Mars lights on at the time of the accident.
The officer testified he had both his siren and Mars lights on immediately prior to the accident, but turned the siren off about two car lengths away from Claimant’s vehicle. Two employees of Claimant, who were in Claimant’s vehicle at the time of the accident, testified that neither the siren nor Mars lights were on prior to the accident.
An independent witness, ‘John J. Grindl, an employee of the gas station, who had a clear, unobstructed view of the accident, testified that neither the siren nor Mars lights were on at the time of the accident.
Trooper Martinez was going into the gas station for the purpose of investigating a prior accident. At the time the instant claim arose, other police officers were in the gas station. None of them were called as witnesses in this cause.
Based upon the evidence addressed in this cause, the Court finds that the police car did not have either its siren or Mars lights operating at the time of the accident.
The amount of damages claimed is not disputed by Respondent.
Wherefore, the Claimant is awarded $1,039.33 in full satisfaction of this claim.