Convalescent Home of the First Church of Deliverance v. State of Illinois

The Claimant, an Illinois not-for-profit corporation, filed this action seeking judgment in its favor in the amount of $170,121.

The Claimant alleged that it was a licensed nursing home, that it provided medical and other care to needy and indigent persons, specifically, residents admitted to the Claimant’s home under provisions of the appropriate regulations of the Illinois Department of Public Aid, and that said residents were provided with room, board and nursing care.

The following events have occurred in this case:

1. This matter was first set for pretrial on October 21, 1981, and subsequent to that pretrial, conferences were held and continued from time to time.

2. A total of 15 pretrial conferences were held during which time Claimant admitted that it had been paid for many of the items listed in its Complaint and that its claim should only be considered for several residents.

3. This matter was set for hearing for May 10,1985, the parties did appear and the hearing took place. Claimant offered the testimony of Arthur Sloan, a secretary for the Claimant.

4. After the testimony of Mr. Sloan, Claimant rested.

5. At the conclusion of Claimant’s case, the Respondent moved for a directed verdict. Respondent stated it wished to stand on its motion and not produce any witnesses. The parties were allowed time to file briefs. No briefs were filed.

6. The following was recommended: [*41]

Section 2-1110 of the Code of Civil Procedure (Ill. Rev. Stat. 1983, ch. ‘110, par. 2-1110), applies to proceedings before a Commissioner of the Court of Claims on any proceedings before the Court of Claims. The Claimant had the responsibility of proving the allegations contained in this Complaint with regard to authorization to provide the services indicated, appropriate billing for services indicated, and failure of the Respondent to compensate for said services billed.

The Claimant offered the testimony of Arthur Sloan. No other evidence was submitted. Mr. Sloan’s testimony failed to indicate the identity of parties, patients or residents for which services were provided. His testimony never indicated why the Department of Public Aid was responsible for providing compensation for said service and no specific dates of service were indicated.

The witness refreshed his memory from a list of patients in the home, a document to which the witness referred during his testimony. However, the document was not admitted into evidence, the witness never indicated the exact amount for which it claims the Department failed to provide compensation and further testified that he did not prepare said document.

The Claimant, though offered ample opportunity, failed to produce the preparer of said document for further testimony and never offered any further documentation or evidence other than the testimony of Arthur Sloan.

This Court finds that the Claimant failed to make a prima facie case and the Respondent’s motion for directed verdict was timely and appropriate. The Claimant has had ample time to file any memorandum other than its response to the motion and has had ample time to file for reopening of proofs or for a new hearing.

[*42] The Claimant having wholly failed, from 1981 through the present, to produce evidence to support its complaint, the claim must be denied.

It is ordered, adjudged and decreed that this claim is dismissed.

( No . 81-CC-2875-Claimant awarded $2,085.00.)

DELORIS

S MITH, Claimant, v . THE STATE OF ILLINOIS,

Respondent .

Opinion filed January 5,1989.

LOUIS S. GOLDSTEIN & ASSOCIATES, LTD., for Claimant.

NEIL F. HARTIGAN, Attorney General (JOHN PERCONTI,Assistant Attorney General, of counsel), for Respondent.

NEGLIGENCE-Slip and fall-water on floor of State office- award granted. The Claimant was granted an award for the ankle injuries she suffered when she slipped on standing water on the tile floor of a State office where she had gone to renew her driver’s license, since the evidence established that it had been raining, and the State had constructive, if not actual notice of the standing water, yet no attempt was made to correct the condition, but the Claimant’s request for lost wages was denied due to the lack of solid evidence of the time she lost from work.

DILLARD, J.

This cause comes on to be heard following a hearing before the Commissioner, and the Commissioner having filed his report. Claimant, Deloris Smith, was a business invitee at the Illinois Secretary of State driver’s license facility at 570 West 209th Street, Chicago Heights, Illinois. Claimant testified that after an examination for the purpose of renewing her driver’s license, she walked to the waiting area of Respondent’s facility, where she [*43] slipped and fell. Claimant alleges she slipped and fell to the floor due to water accumulation on a tile floor. Claimant and another witness, who accompanied Claimant to the driver’s license facility, testified that it was raining “hard’ at the time of the accident and rain water had been carried into the waiting area by people using the facility.

Due to her fall, Claimant injured her right ankle and hip. Claimant was examined by Louis Cogs, M.D., the day following her fall and received injections and ultrasound treatment to her right ankle. Dr. Cogs’ invoice for services rendered was $480 for 12 visits. Also, Claimant was examined at Cook County Hospital for marked so’ft tissue swelling of the right ankle. The invoice of Cook County Hospital was $105.

At the time of her injury, Claimant was the coordinator and director of a program for the Illinois Office of Education summer food program. Her salary was $200 per week and she was allegedly absent from work for approximately two months following the occurrence. Although Claimant does allege lost wages, her testimony at the hearing was indefinite and Claimant has offered no solid evidence of time lost from work.

From the record the Respondent possessed constructive, if not actual, notice of the standing water. From the testimony of the witnesses it was clear that the water on which Claimant slipped was at least one foot in diameter and had been sitting on the floor for at least one-half hour. There was no attempt by any of Respondent’s agents to warn the public about the wet tile floors or clean up the area of standing water. Therefore, the Court finds that the Respondent was negligent in allowing the condition which caused Claimant’s fall to exist.

[*44] It is thereby ordered that Claimant is awarded $2,085 in full and complete satisfaction of her claim.