{
  "id": 2721258,
  "name": "Rehmon Fails, Administrator, Et Al., Claimant, vs. State of Illinois, Respondent",
  "name_abbreviation": "Fails v. State",
  "decision_date": "1976-11-08",
  "docket_number": "No. 74-551",
  "first_page": "478",
  "last_page": "480",
  "citations": [
    {
      "type": "official",
      "cite": "31 Ill. Ct. Cl. 478"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 280,
    "char_count": 3342,
    "ocr_confidence": 0.839,
    "sha256": "f8c71c4d31187ec7db5554ec07d2f642806d37484410f5830d501ab7620a5603",
    "simhash": "1:4430fe6eb3c982ea",
    "word_count": 541
  },
  "last_updated": "2023-07-14T21:56:35.411419+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Rehmon Fails, Administrator, Et Al., Claimant, vs. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThis cause coming on to be heard on the Joint Stipulation of the parties hereto, and the Court being fully advised in the premises;\nThis Court finds that this claim is for the damages sustained as a result of the death of Mary Louise Fails while a patient at the Illinois Department of Mental Health facilities at Manteno, Illinois.\nOn May 19, 1973, she resided at Manteno State Hospital. At approximately 10:00 a.m., Manteno aides put Mary in a bathtub, turned on the water, and left her in the tub for approximately 30 minutes. During the bath Mary complained that the water was too hot. Several aides placed their hands in the water and stated that it was lukewarm. Mary required assistance in getting out of the tub. As she was being lifted from the tub her skin began to peel off the left knee and buttocks.\nDr. Georgis, a staff physician, was called immediately. Mary was taken to Bowen Hospital where Dr. Olivares\u2019 examination showed: \"Circulatory collapse. Extensive second degree burns about 20 to 30 percent.\u201d\nMary was transferred to Chicago Read Hospital where she died on May 31, 1973, due to complications following the injury. The injury was diagnosed as scald burns. No autopsy was performed.\nAn extensive investigation was made at the Manteno facility to determine the cause of Mary\u2019s injuries. The investigation ruled out radiator, water and sun burns.\nSeveral alternative theories were proposed by William Kunz, Administrative Assistant at Manteno State Hospital; he concludes his report by stating, \"I cannot find any single alternative hypothesis which, taken by itself, seems appreciably more likely than the scald theory.\u201d\nA coroner\u2019s inquest was held on September 20, 1973, at 11:30 a.m., which included the cause of death from the pathological report and protocol signed by Dr. Tae Lyong An, the Coroner\u2019s pathologist:\nIn my opinion, the said Mary Louise Fails\u2019 death was due to septic shock incidental to scale bums.\nThe verdict of the Coroner\u2019s jury was:\nWe, the jury, do not know how, when or where the deceased received said injuries; therefore, our verdict is undetermined as to whether this is an accident or otherwise.\nAt the time of Mary\u2019s death, the statutory maximum recovery against the State was $25,000.00.\nThe Attorney General\u2019s office filed a counterclaim against the Estate in the amount of $17,312.80 for the hospital care and treatment of Mary Louise Fails from June 20, 1970, through May 31, 1973.\nThe decedent is survived by a minor child, Cathy Jean Fails.\nThe Department of Mental Health, represented by Special Assistant Attorney General Ronald W. Olson, decided that the claim should be adjusted if possible, and the Department concurred.\nPursuant to the Department\u2019s request for an adjustment, a stipulation was prepared and sent to the Court, whereby it appears that all matters in controversy between Claimant and the State of Illinois have been adjusted to the mutual satisfaction of the parties and their attorneys.\nClaimant is hereby awarded the sum of Five Thousand Dollars ($5,000).",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Zaidenburg, Hoffman, Schoenfeld and Scheffres, Attorneys for Claimant.",
      "William J. Scott, Attorney General; Peggy Bastas, Assistant Attorney General, for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 74-551\nRehmon Fails, Administrator, Et Al., Claimant, vs. State of Illinois, Respondent.\nOpinion filed November 8, 1976.\nZaidenburg, Hoffman, Schoenfeld and Scheffres, Attorneys for Claimant.\nWilliam J. Scott, Attorney General; Peggy Bastas, Assistant Attorney General, for Respondent."
  },
  "file_name": "0478-01",
  "first_page_order": 528,
  "last_page_order": 530
}