VIRGINIA J. SEITENZAHLa/k/a VIRGINIA J. SCELLATO, Claimant, v. THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought recovery for personal injuries from a roadway defect. The court initially denied the motion to dismiss for substantial compliance with notice requirements, but on reconsideration dismissed the claim with prejudice.
Statutes cited: Ill. Rev. Stat. 1983, ch. 37, par. 439.22-1
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 (GREGORY ABBOTT, Assistant Attorney General, of counsel), for Respondent.
- NEGLIGENCE-notice under section 22-1 of court of c h i m s Actrequisites for personal injury action. Pursuant to section 22-1 of the Court of Claims Act, the requisite notice of an action for personal injuries must contain certain information, including the place or location where the accident occurred and a brief description of how the accident occurred.
- HIGHwAYs-pedestrian feu into roadway defect-notice of personal injury action partially inaccurate. Where the Claimant brought a negligence action against the State for injuries sustained when she fell into a roadway defect, notice of the action substantially complied with section 22-1 of the Court of Claims Act, even though it contained partially inaccurate information regarding the location of the accident, since both the notice and the complaint provided correct information, and the defects did not deprive the State of the opportunity to properly investigate and to defend the action.
- SAME-negligence action against State-Claimant fell into roadway defect- State’s motion to reconsider denial of its motion to dismiss granted-claim dismissed with prejudice. In Claimant’s negligence action against the State alleging improper maintenance of a State highway resulting in injuries when Claimant fell into a roadway defect, the State’s motion to reconsider the denial of its motion to dismiss the claim was granted, Claimant’s action was dismissed with prejudice and her motion to reconsider was denied.
ORDER
RAUCCI, J.
This cause coming on to be heard on the motion of Respondent to dismiss the claim herein, the response of Claimant and the Court being fully advised in the premises:
The court finds that the instant claim sounds in tort and seeks recovery for personal injuries allegedly sustained on March 23,1983, as a result of negligence on the part of the Respondent.
Section 22-1 of the Court of Claims Act (Ill. Rev. Stat. 1983, ch. 37, par. 439.22-1) provided that the requisite notice of action for personal injuries must contain certain information, including: “0 0 0
the place or location where the accident occurred O O” and, “’ O a brief description of how the accident occurred ’ O O . ”
The notice of action in the instant cause was filed September 8,1983. The introductory paragraph lists the accident location as, “’’ ’at or near the vicinity of the intersection of 50th Street and Harlem Avenue” (emphasis added). Subsequently, in paragraph 5 of the notice, the accident is alleged to have occurred on Harlem Avenue, “between 56th and 57th Streets” (emphasis added). The complaint alleges that the accident occurred between 56th and 57th Streets.
[*161] In addition, the notice states that Claimant, “* * * was injured through the negligence of the State of Illinois in that it improperly maintained its highway.” The complaint, filed March 23,1984, alleges that Claimant was a pedestrian and fell into a roadway defect.
The defects did not deprive Respondent of the opportunity to properly investigate this matter and to defend itself against Claimant’s allegations.
We hold that Claimant has substantially complied with section 22-1 of the Court of Claims Act, and her claim should not be dismissed.
It is therefore ordered that the motion of Respondent be, and the same is hereby denied. 1
I
ORDER ON MOTION TO DISMISS !
RAUCCI, J. I
This cause coming on to be heard on the Respondent’s motion to dismiss, it is
I
I
Ordered that the motion to dismiss is denied.
I
I
ORDER ON MOTION TO RECONSIDER
AND/OR CLARIFY
RAUCCI,J. I
This cause coming to be heard on Respondent’s motion to reconsider and/or clarify, due notice having I
I
been given the parties hereto, and the Court being fully 1 advised in the premises:
The Court finds: that upon reconsideration of Re- I spondent’s motion to dismiss, the claim is hereby ~ dismissed with prejudice.
[*162] ORDER ON MOTION TO RECONSIDER
RAUCCI,J.
This cause coming on to be heard on the Claimant’s motion to reconsider, and the Respondent’s response thereto, it is ordered that the Claimant’s motion to reconsider is denied.