{
  "id": 5323525,
  "name": "Dorothy Mireles, Claimant, v. State of Illinois, Respondent",
  "name_abbreviation": "Mireles v. State",
  "decision_date": "1978-03-09",
  "docket_number": "No. 6863",
  "first_page": "69",
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    "id": 8793,
    "name": "Illinois Court of Claims"
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      "cite": "28 Ill.Ct.Cl. 368",
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  "last_updated": "2023-07-14T16:54:10.322906+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Dorothy Mireles, Claimant, v. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Holderman, J.\nThis action is based on a claim for injury to Dorothy M\u00edreles resulting from a fall occurring around 9:00 a.m. on November 30, 1971, in the parking lot at the Illinois State Psychiatric Institute located at 1601 West Taylor Street, Chicago, Illinois.\nWhile there to seek marriage counseling, she claimed she stepped into a \u201ccrack or hole\u201d in the parking lot of the institute while attempting to avoid a patch of ice. She suffered a fracture of the tibia and fibula of the right leg. She identified on a photograph where the hole was that she stepped into.\nClaimant was a waitress whose loss salary and tips totaled $1,950.00. Her net medical expenses were $150.00. Dr. Belza, Claimant\u2019s physician, states \u201cthere should be no impairment of function . . . however the injury will probably leave a minimal bone deformity without any manifestation on the external surface...\u201d Dr. Gleason in a joint exhibit, indicated no permanency other than 11 degree flexion - extension of the right ankle and a loss of 10 degree inversion of the right foot as compared to the left. Both doctors said that she could continue her normal activity.\nRespondent argues that Claimant herself was negligent; that the State had no Notice of any so-called defective condition of the premises; and that the hole shown in the photograph was too small to impose a duty on the State to correct. Respondent cites Walkowitz v. State, 29 Ill.Ct.Cl. 10; 28 Ill.Ct.Cl. 368, 373; Davis v. City of Chicago, 290 N.E.2d 250; and Arvidson v. City of Elmhurst, 11 Ill. 2d 601.\nClaimant relies heavily on Mary F. Jones v. City of Rockford, 101 Ill.App.2d, 174, 242 N.E.2d 302. In that case, Claimant fell on a broken sidewalk curb and gutter of defendant when she stepped to avoid ice accumulated in the broken sidewalk. The jury awarded her $4,000.00. The Appellate Court refused to set the verdict aside, saying, \u201cThe questions which were raised in this case were obviously questions for the jury.\u201d\nThe case before this Court simply is a question of fact. If this were a jury trial, our judgment would affirm whatever verdict the jury would return. We cannot say as a matter of law in this case that the State was negligent nor as a matter of law that Claimant was free of contributory negligence, nor as a matter of law, the State had notice of the defect. However, we must in this instance act as a jury and give a judgment based on whatever we think the preponderance of the evidence proves.\nIn Arvidson v. City of Elmhurst, 11 Ill.2d 601, 145 N.E.2d 105, the Court said:\n\u201cThe rule in Illinois, reiterated in the case law, is that a jury question on the issue of the city\u2019s negligence is presented only when the defect in the sidewalk is such that a reasonably prudent man should anticipate some danger to persons walking upon it.\u201d Citing Walter v. City of Rockford, 332 Ill.App. 243, 74 N.E.2d 903.\nThe Arvidson case sets forth in clear language the rule of law applicable to a situation where a person falls on a defective sidewalk. One of the basic questions in determining liability is whether the sidewalk irregularity is too slight to impose a duty on the city to remedy. The Court said on Page 106 of 145 N.E.2d:\n\u201cWhile Courts are in marked disagreements as to when the sidewalk irregularity or defect is so slight that the question is one of law, and where it is one of fact for the jury, nevertheless, the decisions recognize that no mathematical standard can be adopted in fixing the line of demarcation, and that each case must be determined upon its own particular facts and circumstances.\u201d\nWhether a fact is proven or not is tested by the definition of \u201cBurden of Proof \u2019 in Illinois Pattern Jury Instructions, No. 21.01. The test is whether a fact is \u201cmore probably true than not true,\u201d as shown by the evidence.\nViewing the pictures and considering the testimony of the Claimant, we find that she has sustained her burden of proof that she fell when she stepped in a hole while avoiding an icy patch; and that the defect was such that a reasonably prudent person should anticipate some danger to persons walking in the area.\nWe find Claimant is entitled to an award for the following:\nAs to medial expenses, $ 150.00\nAs to lost wages, $1,950.00\nAs to injury, $3,000.00\nClaimant is hereby awarded $5,100.00.",
        "type": "majority",
        "author": "Holderman, J."
      }
    ],
    "attorneys": [
      "William S. Keck, Attorney for Claimant.",
      "William J. Scott, Attorney General; Saul Wexler, Special Assistant Attorney General, for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 6863\nDorothy Mireles, Claimant, v. State of Illinois, Respondent.\nOpinion filed March 9, 1978.\nWilliam S. Keck, Attorney for Claimant.\nWilliam J. Scott, Attorney General; Saul Wexler, Special Assistant Attorney General, for Respondent."
  },
  "file_name": "0069-01",
  "first_page_order": 183,
  "last_page_order": 185
}