{
  "id": 5319095,
  "name": "Byron Neal Elliston, Claimant, v. State of Illinois, Respondent",
  "name_abbreviation": "Elliston v. State",
  "decision_date": "1978-06-12",
  "docket_number": "No. 76-CC-0555",
  "first_page": "145",
  "last_page": "147",
  "citations": [
    {
      "type": "official",
      "cite": "32 Ill. Ct. Cl. 145"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "282 N.E.2d 437",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 164,
    "char_count": 2603,
    "ocr_confidence": 0.813,
    "sha256": "6f7aa7939d743ef06cf1aff14a578942ab8e9516d918417d601b92c34376bdc5",
    "simhash": "1:a1df8d361cb63165",
    "word_count": 429
  },
  "last_updated": "2023-07-14T16:54:10.322906+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Byron Neal Elliston, Claimant, v. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Polos, C.J.\nThis cause is before the Court on Claimant\u2019s motion to vacate an order of December 19, 1977, dismissing this cause, for failure of Claimant to comply with Section 22-1 of the \u201cCourt of Claims Act,\u201d Ill. Rev. Stat. Ch. 37, \u00a7439.22-1.\nThe Court has carefully considered the memorandum of the Claimant in support of his motion, and the authorities cited therein. In particular, the Court has considered Claimant\u2019s contention that Housewright v. City of LaHarpe, 282 N.E.2d 437, is authority for the proposition that since Claimant has alleged that the State was protected by liability insurance in this matter, it has waived the notice requirements contained in Section 22-1 of the \u201cCourt of Claims Act.\u201d\nThe Court finds that Housewright v. City of LaHarpe is inapplicable to the instant action. That case involved construction of the \u201cLocal Governmental and Governmental Employees Tort Immunity Act,\u201d Stevens Business Forms. Rev. Stat. Ch. 85, paras. 8-102 et seq., while the instant case in governed by the \u201cCourt of Claims Act,\u201d Stevens Business Forms. Rev. Stat. Ch. 37, para. 439.22-1 et seq. In the case of a municipality such as the City of LaHarpe, there is no common law immunity from suits. The legislature granted limited immunity to municipalities in the form of the \u201cLocal Governmental and Governmental Employees Tort Immunity Act,\u201d and contained in that law was a provision which the Supreme Court construed in Housewright to be a waiver of certain of the immunities set forth in that Act in the event the local entity obtained liability insurance.\nHere the State of Illinois, as a sovereign entity, is immune from suits by its citizens. The State has partially waived its immunity to the extent set forth in the \u201cCourt of Claims Act.\u201d However compliance with the \u201cCourt of Claims Act\u201d is required if the State of Illinois is to be sued. There is no provision in the \u201cCourt of Claims Act\u201d analagous to that section of the \u201cLocal Governmental and Governmental Employees Tort Immunity Act\u201d which was construed in Housewright, to waive certain immunities if insurance was obtained. Accordingly, the Court finds no basis on which to conclude that the State waived any of the conditions contained in the \u201cCourt of Claims Act,\u201d even, if, as alleged by Claimant, it did procure insurance which would cover its liability in the instant action.\nFor the foregoing reasons, Claimant\u2019s motion to vacate this Court\u2019s order of December 19, 1977, dismissing this cause is hereby denied.",
        "type": "majority",
        "author": "Polos, C.J."
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "(No. 76-CC-0555\nByron Neal Elliston, Claimant, v. State of Illinois, Respondent.\nOrder filed June 12, 1978."
  },
  "file_name": "0145-01",
  "first_page_order": 259,
  "last_page_order": 261
}