{
  "id": 5320678,
  "name": "In Re Application of Gary Lee Baxter",
  "name_abbreviation": "In re Baxter",
  "decision_date": "1977-08-25",
  "docket_number": "No. 75-CV-0421",
  "first_page": "403",
  "last_page": "406",
  "citations": [
    {
      "type": "official",
      "cite": "32 Ill. Ct. Cl. 403"
    }
  ],
  "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": 316,
    "char_count": 4892,
    "ocr_confidence": 0.798,
    "sha256": "93145b9e5ca67ab9498ae883270fcc8bc8da92b9e9891106ba9304db7c2d21a7",
    "simhash": "1:b08c8bd8201a76dd",
    "word_count": 789
  },
  "last_updated": "2023-07-14T16:54:10.322906+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "In Re Application of Gary Lee Baxter"
    ],
    "opinions": [
      {
        "text": "Polos, C.J.\nThis claim arises out of an alleged criminal offense that occurred on March 4, 1974, at Tower Lake Apartments at Southern Illinois University in Edwardsville, Illinois. Gary Lee Baxter seeks compensation pursuant to the provisions of the \u201cCrime Victims Compensation Act,\u201d Ill.Rev.Stat. Ch. 70, para. 71, et seq., hereinafter referred to as the Act.\nThe claim was denied by an order entered on October 2, 1975, wherein this Court found that the Claimant and his assailant, were members of the same household at the time of the incident, and that recovery was therefore precluded under the Act. Pursuant to Section 9 of the Act, Claimant requested a hearing on modification of that order.\nThe Court has carefully considered the transcript of that hearing, the application for benefits filed by Claimant on the form prescribed by the Court, and the investigatory report of the Attorney General of Illinois. Based upon these documents and other evidence submitted to it, the Court finds:\n1. Gary Lee Baxter, age 25, of 407-2D Tower Lake Apt., Edwardsville, Illinois, was a victim of a violent crime, as defined in Sec. 2(c) of the Act, to wit: \u201cBattery\u201d (Ill.Rev.Stat., ch. 38, para. 12.)\n2. Claimant was a student at Edwardsville, Illinois. On March 4, 1974, at approximately 7:30 p.m. in apartment 406-2D at Tower Lake Apts., at Southern Illinois University, Claimant was attacked by one of his roommates, Dwight C. Williams. Williams struck the Claimant on his right arm with a metal bed rail causing a compound fracture of the arm.\n3. The appropriate law enforcement officials were notified of the perpetration of the crime.\n4. Claimant cooperated fully with law enforcement officials in the apprehension and prosecution of the assailant. On May 10, 1974, Dwight C. Williams entered a plea of guilty to a charge of battery.\n5. The injury to the Claimant was not substantially attributable to his wrongfuly act or substantial provocation of his assailant.\n6. Claimant\u2019s notice and application were filed within the appropriate time limitations.\n7. Claimant and the assailant were not related.\nThe issue in this case is the interpretation of the phrase \u201csame household\u201d as it appears in Section 73(e) of the Act, which makes recovery conditional upon proof that \u201cthe victim and his assailant were not related, and sharing the same household.\u201d\nIn its order of October 2,1975, this Court concluded that: \u201cThe assailant, Dwight C. Williams, at the time of the incident resided with Gary Lee Baxter and shall be considered a member of the same household of Gary Lee Baxter.\u201d On this ground the Court denied the Claimant\u2019s application.\nAt the hearing herein, the Claimant testified that he did not know his assailant before he became his roommate and that he had not requested his assailant for a roommate. The Claimant described his living quarters as having a common living room, dining room, kitchen, and bathroom. There were two separate bedrooms and two people lived in each bedroom. Claimant did not sleep in the same bedroom as his assailant.\nBlack\u2019s Law Dictionary, 4th Edition, defines \u201chousehold\u201d as: \u201cA family living together. Those who dwell under the same roof and compose a family.\u201d Household is commonly held synonymous with family, and includes all those persons who are gathered together under one domestic head.\nIt is the opinion of the Court that a \u201chousehold\u201d did not exist in the relationship between the Claimant and his assailant. They were simply sharing living quarters while at college. Claimant had not requested the assailant for a roommate and they only shared certain common elements of an apartment. The Court therefore concludes that Claimant and his assailant were not sharing a household.\nThe Court further finds that Claimant has complied with all pertinent provisions of the Act and qualifies for compensation thereunder.\nClaimant seeks compensation for medical expenses but not for loss of earnings. Claimant incurred the following medical expenses:\nSt. Joseph\u2019s Hospital $ 44.98\nSt. Elizabeth Hospital 61.12\nAlton Memorial Hospital 1,016.10\nAlton Orthopedic Clinic 675.00\n$1,797.20\nClaimant has received approximately $600.00 from his assailant, Dwight Williams, and pursuant to Section 7(d) of the Act, $200.00 must be deducted from all claims.\nHospital and Medical Expenses $1,797.20\nContribution from Dwight Williams -600.00\nLess $200.00 deductible -200.00\n$ 997.20\nIt is hereby ordered that the sum of $997.20 be awarded to Gary Lee Baxter, as the innocent victim of a violent crime. The Court further finds that the sum of $200.00 is a fair and reasonable attorney\u2019s fee for the representation of Claimant at the hearing herein.",
        "type": "majority",
        "author": "Polos, C.J."
      }
    ],
    "attorneys": [
      "Dick H. Mudge, Attorney for Claimant.",
      "William J. Scott, Attorney General for Illinois; Howard Feldman, Assistant Attorney General."
    ],
    "corrections": "",
    "head_matter": "(No. 75-CV-0421\nIn Re Application of Gary Lee Baxter\nOpinion filed August 25, 1977.\nDick H. Mudge, Attorney for Claimant.\nWilliam J. Scott, Attorney General for Illinois; Howard Feldman, Assistant Attorney General."
  },
  "file_name": "0403-01",
  "first_page_order": 517,
  "last_page_order": 520
}