JOHNNY SMITH, Claimant, v. THE STATE OF ILLINOIS, Respondent. 9 i n i o n j l e d January 23,1992.
Case summary
Claimant, an inmate at Pontiac Correctional Center, sought damages for a finger injury sustained while playing basketball on ice, alleging negligent medical care. The court denied the claim, finding that Claimant assumed the risk by voluntarily playing basketball on ice and failed to prove negligence by a preponderance of the evidence.
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Headnotes
- ROL AN D W. BURRIS,Attorney General (JOHNR. B UCKLEY , Assistant Attorney General, of counsel), for I
- Respondent . I
- PRISONERS AND INMATES-inmatebfinger injured while playing basketball on ice-daim denied. Where an inmate who sustained a finger injury while participating in a basketball game on ice filed a claim alleging that he received improper medical care resulting in a finger deformity, the claim was denied because the inmate assumed the risk attached to his activity and failed to prove the State’s negligence by a preponderance of the evidence.
OPINION
B URKE , J.
This cause coming to be heard upon the report of the commissioner, after hearing all evidence and reviewing the evidentiary depositions submitted, this Court I being fully advised in the premises, finds: ~
I
That Claimant was incarcerated at Pontiac Correctional Center when he sustained injury to his finger. The injury occurred while Claimant was participating in a I recreational basketball game on ice. (Emphasis added.) I [*64] The Claimant reported his injury and received medical attention, but was dissatisfied with the medical care received. At hearing, the finger appeared to have a mild deformation,
Claimant’s attending physician, Dr. R. S. Pankaj, indicated that Claimant’s finger was X-rayed soon after the ice-basketball game and that the finger in question was not broken. He described the injury as a “mild fusiform swelling in the proximal interphalangeal joint area, * * * and Claimant had a ten degree lack of full extension [of the finger].”
Claimant’s claim is denied for failure to prove by a prepondarance of the evidence that the Respondent was guilty of negligence. When one voluntarily undertakes to play basketball on ice, there is an assumption of risk which attaches to said activity.
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Wherefore, it is hereby ordered that this claim is denied.
ORDER
BURKE, J.
This cause coming to be heard upon Claimant’s motion for rehearing and the Court being fully advised in the premises,
It is hereby ordered that Claimant’s petition is hereby denied.