MICHAEL LICHTER, Claimant, u . THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant, a 14-year-old boy, was injured when his foot went through a missing grate on a storm sewer while crossing Touhy Avenue. The court found the State negligent for failing to maintain the manhole cover and awarded $2,000.00 for lost wages and medical expenses.
Cases cited: Bed 0.State, 21 Ill. Ct. C1. 480; Gouchot v . State, 21 Ill. Ct. C1. 157; Mayes v . State, 23 Ill. Ct. C1.93
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Headnotes
- NEIL F. HARTIGAN, Attorney General (JOHN BUCKLEY, Assistant Attorney General, of counsel), for Respondent. NECtiCENCE-!hte’S duty to maintain manhole covers. The State has a duty to maintain manhole covers in the State of Illinois in a state of proper repair for the safety of persons and vehicles using the State highways, and the failure to replace or repair a manhole cover which has a defect of which the State has actual or constructive notice is negligence on the part of the State.
- SAME-defective manhole cover-child injured leg-award granted. Where the State’s negligent failure to repair or replace a defective manhole cover was the cause of the injuries sustained when a minor Claimant stepped through the cover and caught his leg, the Court of Claims granted an award based on the damages, including the child’s medical expenses and lost wages, since the child was not contributorily negligent and the State’s negligence was the sole cause of the occurrence.
Claimant, a 14-year-old boy, alleges that on July 14, 1982, at about 4:30 p.m., he was injured while in the process of crossing Touhy Avenue from the north to the south side of the street. The complaint alleges that upon stepping from the curb, he stepped on top of the storm sewer and his right foot went through the top of the sewer because one of the grates had been removed. Claimant’s right leg was stuck into the sewer past his knee and he was unable to remove his leg on his own initiative. The police were called to the scene and they were unsuccessful in removing the boy’s leg. The Skokie Fire Department arrived at the scene and were finally able to remove the Claimant’s leg. Claimant was stuck in the sewer for approximately 30 minutes.
[*98] Claimant was taken to Skokie Valley Hospital where he was X-rayed and a brace was applied to the leg. At the time of his injury, Claimant had a summer job with Duffy ik Quinn Construction Company at which job he was paid $3.35 an hour for 40 hours a week, or a total of $134.00 per week. Claimant was off work for approximately five weeks, resulting in a loss of $670.00. He also incurred a hospital bill which, including doctor’s services, amounted to $139.00.
Claimant testified he has made a complete recovery from his injuries.
It was established at the time of the hearing by the Commissioner that it was the duty of the State of Illinois to maintain the manhole cover in question and that there was a defect in said cover which resulted in Claimant’s injuries.
In situations such as this, this Court has held that it is the duty of the State of Illinois to maintain the manhole covers in a state of proper repair for the safety of persons and vehicles using the highway. (Bed 0.State, 21 Ill. Ct. C1. 480; Gouchot v . State, 21 Ill. Ct. C1. 157; Mayes v . State, 23 Ill. Ct. C1.93.) Such a defect, which is known or could have been ascertained by reasonable inspection, amounts to constructive notice, and the failure to replace or repair such defect amounts to negligence on the part of the State of Illinois.
The Court is of the opinion that Claimant acted in the way an ordinary 14-year-old would act in crossing the street where he did. The record is devoid of any evidence showing any contributory negligence on the part of Claimant.
The Court is of the opinion that the State is guilty of negligence and that said negligence caused the Claimant’s injury as set forth in the complaint.
[*99] The Court believes an award in the amount of two thousand ($2,000.00) dollars is a proper award in this matter. An award is hereby entered in that amount on behalf of Claimant.