CROL K. TUNK, Claimant, 2). THE STATE OF IL,INOIS, Respondent.
Case summary
Claimant sought damages for personal injuries and property damage from an automobile accident caused by Robert Airdo. The court initially denied respondent's motion to dismiss, finding no failure to exhaust remedies, but then granted claimant's motion to dismiss the claim with prejudice.
Statutes cited: Ill. Rev. Stat. 1987, ch. 37, par. 439.24-5
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Headnotes
- S TATUTE OF LIMiTAnoNs-failure to file claim did not amount to failure to exhaust remedies-State’s motion to dismiss denied. In an action alleging that the Claimant was injured in an automobile accident while a passenger where an action against the driver was barred by the statute of limitations, the State’s contention that the Claimant’s failure to file a timely claim against the driver constituted a failure to “exhaust all other remedies and sources of recovery” as required by the Court of Claims Act was without merit and the State’s motion to dismiss was denied, since a remedy is a favorable result, not the means of seeking a result or an unsupported theory of action, and in the absence of any evidence indicating a possible action against the driver, the
- Clairnant had not failed to exhaust rernedies, but the action was subsequently disniissed on the Claimant’s own motion.
- ORDER ON MOTION T O DISMISS
This cause comes to be heard on the Respondent’s motion to dismiss, and this Court being fully advised in the premises, finds that Robert Airdo was driving the Complainant’s automobile when an accident occurred injuring the Complainant and damaging the automobile; that the Claimant has not made a claim against Robert Airdo and now cannot do so, as the claim is barred by the statute of limitations. Additionally, this Court finds that there are no facts before this Court at this time to indicate negligence on the part of Robert Airdo.
The Respondent argues that the Claimant by not claiming against Robert Airdo failed to “exhaust all other remedies and sources of recovery” as per section 25 of the Court of Claims Act (Ill. Rev. Stat. 1987, ch. 37, par. 439.24-5).
A remedy is a favorable result, not the process or means of seeking a result, or an unsupported theory of action. Since there are no facts before this Court at this time to indicate that a favorable result would be possible in an action against Robert Airdo, failure to make a claim against Robert Airdo under the facts presently known does not amount to a failure to exhaust remedies. Therefore it is ordered that the Respondent’s motion to dismiss is denied.
ORDER ON MOTION T O DISMISS
SOMMER, J.
This cause coming here to be heard on the motion of the Claimant to dismiss, due notice being given, no [*3] objection being filed by Respondent and the Court being fully advised.
It is hereby ordered the motion of the Claimant to dismiss the claim is hereby granted and the claim is dismissed with prejudice.