{
  "id": 2699922,
  "name": "Michael J. Blaney and Susan Blaney, Claimants, v. The State of Illinois, Respondent",
  "name_abbreviation": "Blaney v. State",
  "decision_date": "1984-01-23",
  "docket_number": "No. 82-CC-0317",
  "first_page": "223",
  "last_page": "226",
  "citations": [
    {
      "type": "official",
      "cite": "36 Ill. Ct. Cl. 223"
    }
  ],
  "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": 266,
    "char_count": 4368,
    "ocr_confidence": 0.87,
    "sha256": "2ca8e467e44cda1379c5105023623836a0caf433bcb6a10288cb1c3592ab9d31",
    "simhash": "1:e1c6fa8a9066dbb9",
    "word_count": 694
  },
  "last_updated": "2023-07-14T17:14:57.173915+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Michael J. Blaney and Susan Blaney, Claimants, v. The State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Holderman, J.\nThis matter comes before the Court upon motion of Respondent to dismiss said cause and Claimants\u2019 response to said motion.\nThe incident for which this claim was filed took place on August 25, 1979, at approximately 4:00 p.m., at Hazlett State Park, County of Madison, State of Illinois, which is at Carlyle Lake.\nOn February 5, 1981, a settlement draft was issued to Michael Blaney for loss dated August 25,1979, in payment of \u201cfinal settlement of any and all claims\u201d and was issued on behalf of the insured, Carlyle Sailing Association et al., said amount of payment being $1,500.00.\nAttached to Respondent\u2019s motion to dismiss was a copy of a release of all claims, exhibit No. 4, where the Claimants, Michael J. Blaney, and his wife, Susan B. Blaney, both of whom are attorneys, signed the release, wherein they agreed that:\n\u201cThey do hereby release, acquit and forever discharge Carlyle Sailing Association/Continental Casualty Company and all other persons, firms and corporations who might be liable of and from any and all actions, causes of action, claims, demands, damages, costs, loss of services, expenses and compensation, on account of, or in any way growing out of, any and all known and unknown personal injuries and property damage resulting or to result from accident that occurred on or about the 25th day of August, 1979, at or near Alton, Illinois.\u201d\nIt is Respondent\u2019s contention that although the State of Illinois was not specifically named in the release, when Claimants accepted the settlement draft and signed the same, they in fact accepted settlement from the State of Illinois and, accordingly, the State was released.\nClaimants, in their response to Respondent\u2019s motion to dismiss, set forth that the State of Illinois and Carlyle Sailing Association were each liable in their own right for the injuries of the Claimants and that at no time did Carlyle Sailing Association by and through its insurance agent represent to Claimants that it represented the State of Illinois. Claimants further state that the document relied on for the Respondent\u2019s motion to dismiss was not intended by the parties to release the State of Illinois from the claim of Claimants but rather was intended only to be a promise not to sue Carlyle Sailing Association, and therefore the motion to dismiss should be denied.\nThe lease agreement between the State of Illinois and Carlyle Sailing Association, Inc., provided, on page 11 under subtitle insurance, that the concessionaire agreed to provide comprehensive general and public liability insurance and that \u201cthe policies shall name the State of Illinois, Department of Conservation, and the concessionaire as named insured.\u201d This was done as shown in exhibit No. 2-2.\nIt is the State\u2019s contention that the release of one joint feasor is a release of all joint feasors. Exhibit No. 2-2 refers to \u201capproximately 20 acres, Eldon Hazlet State Park, Carlyle Lake, Illinois\u201d and under \u201cName of Person or Organization (Additional Insured)\u201d is listed as follows:\n\u201cState of Illinois\nDepartment of Conservation\nDivision of Land & Historic Sites\n901 S. Spring Street\nSpringfield, IL 62706\u201d\nIt is the Court\u2019s opinion that the release, signed by Claimants, which specifically discharged \u201cCarlyle Sailing Assoc./Continental Casualty Co. and all other persons, firms and corporations who might be liable of and from any and all actions, causes of action, claims, demands, damages, costs, loss of services . . .\u201d when the accident occurred on the 25th day of August 1979, was sufficiently broad to release Respondent.\nRespondent\u2019s motion to dismiss is granted and this cause is dismissed.\nORDER ON MOTION FOR RECONSIDERATION\nThis matter comes before the Court upon motion of Claimants to reconsider an order of dismissal entered by this Court on January 23, 1984, and Respondent\u2019s objections to said motion.\nThe Court is of the opinion that the Court\u2019s order of dismissal was correct; therefore, Claimants\u2019 motion of reconsideration is denied and this cause remains dismissed.",
        "type": "majority",
        "author": "Holderman, J."
      }
    ],
    "attorneys": [
      "Katzman & Associates, for Claimants.",
      "Neil F. Hartigan, Attorney General (William E. Webber, Assistant Attorney General, of counsel), for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 82-CC-0317\nMichael J. Blaney and Susan Blaney, Claimants, v. The State of Illinois, Respondent.\nOrder filed January 23, 1984.\nOrder on motion for reconsideration filed April 3,1984.\nKatzman & Associates, for Claimants.\nNeil F. Hartigan, Attorney General (William E. Webber, Assistant Attorney General, of counsel), for Respondent."
  },
  "file_name": "0223-01",
  "first_page_order": 311,
  "last_page_order": 314
}