{ "id": 5325772, "name": "Herbert Gardner, Claimant, v. Howard Graupe, Individually and as Agent, Servant and/or Employee of State of Illinois, and the State of Illinois, Respondent", "name_abbreviation": "Gardner v. Graupe", "decision_date": "1979-06-29", "docket_number": "No. 6574", "first_page": "476", "last_page": "478", "citations": [ { "type": "official", "cite": "32 Ill. Ct. Cl. 476" } ], "court": { "name_abbreviation": "Ill. Ct. Cl.", "id": 8793, "name": "Illinois Court of Claims" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "246 NE2d 24", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1969, "opinion_index": 0 }, { "cite": "107 Ill. App. 2d 239", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 1596870 ], "year": 1969, "opinion_index": 0, "case_paths": [ "/ill-app-2d/107/0239-01" ] }, { "cite": "185 N.E.2d 345", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1962, "opinion_index": 0 }, { "cite": "37 Ill. App. 2d 148", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 5257619 ], "year": 1962, "opinion_index": 0, "case_paths": [ "/ill-app-2d/37/0148-01" ] }, { "cite": "30 Ill.Ct.Cl. 4", "category": "reporters:state", "reporter": "Ill. Ct. Cl.", "case_ids": [ 2766568 ], "opinion_index": 0, "case_paths": [ "/ill-ct-cl/30/0004-01" ] } ], "analysis": { "cardinality": 256, "char_count": 3459, "ocr_confidence": 0.804, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.15794917000952566 }, "sha256": "9bf6f3f5496516315af68a797792fbbf10f778b2d36d0a917bbc0e254b7ea3a9", "simhash": "1:394002a53516c2f9", "word_count": 579 }, "last_updated": "2023-07-14T16:54:10.322906+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Herbert Gardner, Claimant, v. Howard Graupe, Individually and as Agent, Servant and/or Employee of State of Illinois, and the State of Illinois, Respondent." ], "opinions": [ { "text": "Holderman, J.\nClaimant filed his claim as a result of an accident which occurred on June 2,1972, at approximately 9:20 a.m. while Claimant was operating his motorcycle in a southerly direction on and along the Lake Street entrance ramp to the Edens Expressway. At a point where the entrance ramp merges with the southbound lanes, Claimant struck the right rear of a State of Illinois dump truck which was being operated in a southbound direction on the Edens Expressway by Respondent\u2019s employee, Howard Graupe. At the time of the accident, Respondent\u2019s truck was proceeding in the most westerly lane of the Edens Expressway and had its emergency flashing lights in operation.\nClaimant alleges that Respondent, Howard Graupe, veered his truck from the southbound curb lane of traffic on the Edens Expressway into the merging lane where Claimant\u2019s motorcycle was proceeding. The driver of the truck testified that he was driving at an exceedingly low rate of speed because sometime prior to the accident he had spotted a muffler lying near the curb and shoulder on the western most side of the expressway which he desired to pick up. He further testified that the motorcycle hit the right rear tire of his truck and that he did not see the motorcycle prior to impact.\nIn order for Claimant to recover, he must show he was free from contributory negligence, that the State of Illinois was guilty of negligence, and that the negligence complained of was the proximate cause of the accident.\nThis case is very similar to the case of Kloese v. State of Illinois, 30 Ill.Ct.Cl. 4. In that case, Claimant struck a truck belonging to the State which was on routine \u201cice and snow patrol\u201d on the highway at the time of the accident. The evidence in that case, as in the present case, shows that the truck was well-lighted and that they were in operation at the time of accident. The weather was clear although the roads were snow covered. The truck stopped some distance ahead of Claimant and he was unable to stop his car before colliding with the truck. In that case, Claimant alleged Respondent was negligent when he stopped his vehicle in the middle of a roadway without displaying parking or emergency lights, in violation of certain provisions of the \u201cIllinois Motor Vehicle Act.\u201d This Court, in passing upon that case, used the following language:\n\u201cNotwithstanding the provisions of Section 120(f) of the \u201cIllinois Motor Vehicle Act,\u201d however, a State employee engaged in work upon a highway is held to a standard of ordinary care in performing his work. Creamer v. Rode, 37 Ill. App. 2d 148, 185 N.E.2d 345 (1962); Lusietto v. Kegan, 107 Ill. App. 2d 239, 246 NE2d 24 (1969). Ferrucci was, therefore, obliged to perform his work upon the highway as would an ordinarily prudent person under similar circumstances.\u201d\nThe Court must conclude from the evidence before it, that Respondent\u2019s truck was being operated with adequate lights to warn the motoring public. In our view, Claimant\u2019s injuries were caused by his failure to keep a proper lookout and to keep his motorcycle under proper control.\nThis claim is hereby denied.", "type": "majority", "author": "Holderman, J." } ], "attorneys": [ "Donald G. Zerwer, Attorney for Claimant.", "William J. Scott, Attorney General; Donald Young, Special Assistant Attorney General, for Respondent." ], "corrections": "", "head_matter": "(No. 6574\nHerbert Gardner, Claimant, v. Howard Graupe, Individually and as Agent, Servant and/or Employee of State of Illinois, and the State of Illinois, Respondent.\nOpinion filed June 29, 1979.\nDonald G. Zerwer, Attorney for Claimant.\nWilliam J. Scott, Attorney General; Donald Young, Special Assistant Attorney General, for Respondent." }, "file_name": "0476-01", "first_page_order": 590, "last_page_order": 592 }