{
  "id": 2721141,
  "name": "Irma G. Youngman, Claimant, vs. State of Illinois, Illinois National Guard, and Wilfred D. Schumm, Respondent",
  "name_abbreviation": "Youngman v. State",
  "decision_date": "1977-05-31",
  "docket_number": "No. 5884",
  "first_page": "359",
  "last_page": "362",
  "citations": [
    {
      "type": "official",
      "cite": "31 Ill. Ct. Cl. 359"
    }
  ],
  "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": 4837,
    "ocr_confidence": 0.854,
    "sha256": "ceaed13ed38b9f5b7fc944ab04d0f0802bbb30849df972ddb72034b6fa3afbef",
    "simhash": "1:bf737035e90966c8",
    "word_count": 731
  },
  "last_updated": "2023-07-14T21:56:35.411419+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Irma G. Youngman, Claimant, vs. State of Illinois, Illinois National Guard, and Wilfred D. Schumm, Respondent."
    ],
    "opinions": [
      {
        "text": "Holderman, J.\nThe claim for damages in this matter was filed by Claimant as a result of an automobile accident which occurred on May 12, 1970. The accident in question took place in the City of Mt. Vernon, near 830 Broadway Street.\nClaimant\u2019s vehicle and Respondent\u2019s vehicle were eastbound in two lanes of eastbound traffic. Respondent\u2019s vehicle had overtaken Claimant\u2019s vehicle immediately after they had both passed through an intersection at which the traffic was controlled by a traffic light. Claimant\u2019s vehicle started up from a stopped position and after crossing the intersection, collided with the right side of Respondent\u2019s vehicle which was attempting to change from the left lane to the right lane.\nThe left front fender of the Claimant\u2019s vehicle and the right side of the Respondent\u2019s vehicle were involved in the accident. Following the initial impact, Claimant\u2019s vehicle collided with the side of a car parked along the right side of the street. At the time of the impact, Claimant alleged she was traveling at approximately 10 to 12 miles per hour, and it appears the Respondent was traveling somewhat faster.\nClaimant alleges that she sustained injuries in and about muscles and ligaments in her dorsal and lumbar spine, and that such injuries caused an aggravation of a pre-existing condition.\nWhen the accident happened Respondent\u2019s vehicle, a National Guard truck, was returning from Southern Illinois University campus at Carbondale, Illinois, where it had been sent on a State mission to help maintain law and order.\nClaimant was treated by local physicians until March 10, 1972, when she went to seen an orthopedic surgeon, Dr. Lee T. Ford, in St. Louis, Missouri. The initial examination showed that she had one-third limitation of the ability to move her back forwards, backwards, and to either side. A mylegram was done on August 12, 1970, and showed a bulge on the lateral on the L4-5 level, a slight root sleeve asymmetry of the first sacral nerve root, and a small defect in the oblique right at the L4-5 level.\nDr. Ford diagnosed a herniated lumbar disc and back sprain. A laminectomy was performed on July 26, 1972, resulting in the removal of bulging disc at the L4-5 level.\nThe medical specials are as follows:\nWabash General Hospital, Mt. Carmel, Ill.\n5/29/70 to 6/6/70 and .........................i....... $393.35\n8/10/70 to 8/12/70 .................................... 120.00\nDr. Ernest Lowenstein, Mt. Carmel, Ill.\n5/26/70 to 10/31/70 .................................. 220.00\nDr. R. L. Fuller, Mt. Carmel, Ill.\n5/19/70 ............................................. 7.00\nDr. James M. Franco, Evansville, Ind.\n9/11/70 ............................................. 25.00\nSchultz\u2019s Evansville, Ind.\n6/15/70 Lumbo Sacral support ....................... 13.26\nSecond support - no receipt ........................... 13.26\nHadley Pharmacy, Mt. Carmel, Ill.\nDrugs, 5/12/70 to 11/70 .............................. 85.30\nDr. Don Pruitt, Mt. Carmel, Ill.\n9/11/70 ............................................. 93.00\n$970.17\nSupplemental Medical specials:\nBarnes Hospital 3/11/72 to 3/18/72 .................... $942.00\nBarnes Hospital 7/26/72 to 8/5/72 .................... 1,495.15\nDr. Lee Ford, St. Louis, Mo........................... 738.00\nDr. Ronald Evans, St. Louis, Mo....................... 48.00\n$3,223.15\nBefore recovery can be made by Claimant, she must prove she was in the exercise of due care and caution for her own safety, and that the State was negligent and that such negligence was the proximate cause of the accident.\nIt is clear from the record in this case that the Claimant was in the exercise of due care, and that she in no way contributed to the accident. It is also apparent that the State was negligent, and that the negligence of the State was the proximate cause of the accident. Claimant was in a proper position in her lane, and the swerving of the truck of Respondent was the cause of the accident.\nIt appears that as the result of the accident and the surgical procedures following said accident, Claimant has suffered permanent injury to her back.\nIt further appears that prior to this accident, Claimant was earning approximately $54.00 per week; but since her accident, due to her physical condition she is no longer able to work.\nAn award is hereby made to Claimant in the amount of $3,223.15 for medical expenses, $5,000.00 for loss of earnings, and $3,000.00 for pain and suffering, or a total award of Eleven Thousand Two Hundred Twenty-Three And 15/100 Dollars ($11,223.15).",
        "type": "majority",
        "author": "Holderman, J."
      }
    ],
    "attorneys": [
      "William D. Hanagan, Attorney for Claimant.",
      "William J. Scott, Attorney General; William E. Webber, Assistant Attorney General, for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 5884\nIrma G. Youngman, Claimant, vs. State of Illinois, Illinois National Guard, and Wilfred D. Schumm, Respondent.\nOpinion filed May 31, 1977.\nWilliam D. Hanagan, Attorney for Claimant.\nWilliam J. Scott, Attorney General; William E. Webber, Assistant Attorney General, for Respondent."
  },
  "file_name": "0359-01",
  "first_page_order": 409,
  "last_page_order": 412
}