{
  "id": 5336274,
  "name": "Kenton L. Powers, Guardian of the Estate of Larry Allen Powers, a Minor, and Kenton L. Powers, Individually, Claimants, vs. State of Illinois, Respondent",
  "name_abbreviation": "Powers v. State",
  "decision_date": "1972-11-14",
  "docket_number": "No. 5932",
  "first_page": "130",
  "last_page": "132",
  "citations": [
    {
      "type": "official",
      "cite": "28 Ill. Ct. Cl. 130"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 3495,
    "ocr_confidence": 0.878,
    "sha256": "f6920abf8c80c9331e345c808d8d471152308f82332f4bf9ef41af6835168672",
    "simhash": "1:c134eca065689e3d",
    "word_count": 598
  },
  "last_updated": "2023-07-14T21:35:37.652347+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Kenton L. Powers, Guardian of the Estate of Larry Allen Powers, a Minor, and Kenton L. Powers, Individually, Claimants, vs. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Holderman, J.\nClaimant, Larry Allen Powers, a minor, by Mary Ann Powers, his mother and next friend, and Kenton L. Powers, Individually, and as guardian of the estate of Larry Allen Powers, a minor brought suit against the State of Illinois for injuries arising out of an accident on the 20th day of February, 1969.\nThe claimant, a minor, was a passenger in a car driven by one Larry S. Telander.\nThe car in which the claimant was riding was being operated in a westerly direction on a road called Blackhawk Road in the County of Winnebago and State of Illinois.\nThis car was involved in an accident with another car driven by one Carol Hollenbaugh.\nClaimant\u2019s contention is that the road was slippery and icy and was exceedingly dangerous to drive on.\nClaimant received very severe injuries and as a result of said injuries has become a quadriplegic.\nA great deal of money has been spent upon him for medical care, hospitalization, etc. and said claimant is still under medical care and spending rather large sums for his continued care and treatment.\nClaimant filed suit in the Circuit Court of Winnebago County against Larry S. Telander and Carol Hollenbaugh. A settlement was made in the amount of $46,500.00 and a covenant not to sue was issued by Kenton L. Powers, individually, and as guardian of the estate of Larry Allen Powers, a minor, and a stipulation was entered into.\nThe State of Illinois has made a motion for summary judgment against the claimant. The basis for this motion is that they advanced the theory that the claimant, in a case such as this, is entitled to one satisfaction and the Court must deduct from the statutory limit the amount received under the covenant not to sue. In this case, the maximum amount recoverable is the sum of $25,000.00, and as the recovery already made greatly exceeds said $25,000.00, the State\u2019s theory is that the claimant is not entitled to any further recovery.\nIn support of the State\u2019s motion, they cite the case of The Estate of Sam Anzalone vs. State of Illinois, 24 C.C.R. 172 (1961). In that case, the claimant received $20,000.00 from a joint tortfeasor and the statutory limit in the Court of Claims is $7,500.00. The Court, therefore, denied recovery to the claimant.\nThe State also cited the case of Williams vs. State of Illinois, 25 C.C.R. 249 (1965). In that case, the Court held that the claimant was entitled to only one satisfaction and any amount received in exchange for a covenant not to sue must be deducted from the specified statutory limit.\nClaimant contends that any set-off should be against total damages and not the statutory limit and that there is a difference between total damages and the statutory limitation. He further argues in the present case that the amount set forth in the covenant not to sue is not the total damages that could be recoverable for the injuries sustained by the claimant, who was badly injured.\nIt is our opinion that the statutory limits as fixed by the legislature in the amount of $25,000.00 determines the amount that can be allowed in cases such as the one at bar and, therefore, the motion for summary judgment is granted.",
        "type": "majority",
        "author": "Holderman, J."
      }
    ],
    "attorneys": [
      "Maynard and Brassfield, Attorney for Claimants.",
      "William J. Scott, Attorney General; Edward L. S. Arkema, Jr., Assistant Attorney General, for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 5932\nKenton L. Powers, Guardian of the Estate of Larry Allen Powers, a Minor, and Kenton L. Powers, Individually, Claimants, vs. State of Illinois, Respondent.\nOpinion filed November 14, 1972.\nMaynard and Brassfield, Attorney for Claimants.\nWilliam J. Scott, Attorney General; Edward L. S. Arkema, Jr., Assistant Attorney General, for Respondent."
  },
  "file_name": "0130-02",
  "first_page_order": 148,
  "last_page_order": 150
}