{
  "id": 5324717,
  "name": "In Re Application of Sol Goldberg",
  "name_abbreviation": "In re Goldberg",
  "decision_date": "1979-04-06",
  "docket_number": "No. 75-CV-0057",
  "first_page": "1068",
  "last_page": "1070",
  "citations": [
    {
      "type": "official",
      "cite": "32 Ill. Ct. Cl. 1068"
    }
  ],
  "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": 183,
    "char_count": 2870,
    "ocr_confidence": 0.794,
    "sha256": "47d5628203478274e5bf8a721fa66ba6de813a8c18213fd6e90efa66ad678d26",
    "simhash": "1:61209ac4e0eaa3b5",
    "word_count": 497
  },
  "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 Sol Goldberg"
    ],
    "opinions": [
      {
        "text": "Poch, J.\nThis matter comes before this Court on Respondent\u2019s motion to dismiss the claim on the grounds that a claim for compensation under the \u201cCrime Victims Compensation Act\u201d does not survive the death of the Claimant.\nClaimant filed his claim for benefits under the \u201cCrime Victims Compensation Act\u201d on July 29,1974. There were several hearings on this matter, and during the pendency of the claim, the Claimant, Goldberg, died of causes unrelated to his original injury. He apparently had a heart attack on July 13,1977 which caused his death.\nThe Court has never rendered an opinion on this claim, and upon the Claimant\u2019s death, the Attorney General moved to dismiss the claim on the grounds that a claim for compensation under the \u201cCrime Victims Compensation Act\u201d does not survive the death of the Claimant.\nThe statute which the Court must consider is the \u201cSurvival Act\u201d which is found in Ill. Rev. Stat. 1977, Ch. 110-1/2, Sec. 27-6. That statute sets forth the Acts which, in addition to common law, survive the death of a party. The Court must determine whether or not the \u201cCrime Victims Compensation Act\u201d is therefore one of those which does survive the death of the Claimant..\nThere is no doubt that the Crime Victims Compensation Law was unknown at common law and thus is a purely statutory cause of action. It is clear that a statutory cause of action does not survive unless declared by statute to do so.\nThe case before the Court is a claim for an award in a Statutory Court and is not an adversary proceeding against a defendant as in a tort action.\nIn the instant case, the \u201cCrime Victim Compensation Act,\u201d Section 11 (Ill. Rev. Stat. Ch. 70, Sec. 81) provides as follows: \u201c Compensation due under this Act may not be assigned, pledged, encumbered, released or commuted____\u201d It is clear that the compensation cannot be assigned, and that the drafters of the law in the Legislature did not wish it to survive because no mention is made in the Act that it survive the death of the Claimant.\nIn this case, the Claimant, Sol Goldberg, died prior to the adjudication on the merits of his claim. Goldberg claim did not survive his death because it is not an \u201caction\u201d to recover damages for the injury to the person. It is rather a statutory creation allowing a Claimant to seek compensation from the State.\nSince the Crime Victim\u2019s Act is totally silent as to survival, it is a strict statutory action which terminates and abates at the death of a Claimant.\nIt is therefore the finding of the Court that the claim of Sol Goldberg abated upon his death and the motion of the State to dismiss this claim is hereby granted.",
        "type": "majority",
        "author": "Poch, J."
      }
    ],
    "attorneys": [
      "Pierce & Goldman, by Allen S. Pierce, Attorney for Claimant.",
      "William J. Scott, Attorney General; by Orisha Kulick, Assistant Attorney General, for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 75-CV-0057\nIn Re Application of Sol Goldberg\nOpinion filed April 6, 1979.\nPierce & Goldman, by Allen S. Pierce, Attorney for Claimant.\nWilliam J. Scott, Attorney General; by Orisha Kulick, Assistant Attorney General, for Respondent."
  },
  "file_name": "1068-01",
  "first_page_order": 1182,
  "last_page_order": 1184
}