Illinois Court of Claims Opinions
General Court of Claims
Download PDF

Johnny Smith v. State of Illinois

45 Ill. Ct. Cl. 63 Illinois Court of Claims Filed 1992-12-18 No. 85-CC-2329
Disposition: (No. 85-CC-2329-Claim denied.) Agency: Pontiac Correctional Center
Cite as: Johnny Smith v. State of Illinois, 45 Ill. Ct. Cl. 63 (1992)
General Court of Claims 45 denied 1990s Johnny Smith v. State of Illinois 45 Ill. Ct. Cl. 63 1992-12-18 (No. 85-CC-2329-Claim denied.) /opinions/v45-p0167-1/

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.

Claim type: Personal Injury Negligence

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. ROL AN D W. BURRIS,Attorney General (JOHNR. B UCKLEY , Assistant Attorney General, of counsel), for I
  2. Respondent . I
  3. 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.

.

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.

Official volume 45 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1993 – July 1, 1992–June 30, 1993)  ·  All opinions in this volume  ·  Also on CourtListener

This text is OCR/derived from the official volume and may contain errors. The PDF is authoritative. Boundary pages shared with the adjacent opinion are reproduced whole, so the page image may show a neighbor's opening or closing lines; the transcript text itself is opinion-scoped. See About & sources.