{
  "id": 5817702,
  "name": "Joseph B. Kelley and Preferred Risk Insurance Company, Claimants, v. The State of Illinois, Respondent",
  "name_abbreviation": "Joseph B. Kelley & Preferred Risk Insurance v. State",
  "decision_date": "1985-02-15",
  "docket_number": "No. 80-CC-1366",
  "first_page": "112",
  "last_page": "114",
  "citations": [
    {
      "type": "official",
      "cite": "37 Ill. Ct. Cl. 112"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "30 Ill. Ct. Cl. 410",
      "category": "reporters:state",
      "reporter": "Ill. Ct. Cl.",
      "case_ids": [
        2726602,
        2760247
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-ct-cl/30/0410-01",
        "/ill-ct-cl/30/0410-02"
      ]
    }
  ],
  "analysis": {
    "cardinality": 199,
    "char_count": 2536,
    "ocr_confidence": 0.901,
    "sha256": "4994ba91bc3f88459d31808a4ea804e3419697d43df565c39ee953d306bbe79c",
    "simhash": "1:5950a84f019fe24c",
    "word_count": 408
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  "last_updated": "2023-07-14T20:55:01.719225+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Joseph B. Kelley and Preferred Risk Insurance Company, Claimants, v. The State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Holderman, J.\nClaimant in this case filed a claim in tort for personal injury and property damage due to an accident which occurred on March 1, 1978, between Claimant and Dean Floore, an employee of the State of Illinois.\nClaimant Joseph B. Kelley was operating his vehicle in a northerly direction on Illinois State Route 54, at or near its intersection with County Road 7.25E, in or near Barclay, Sangamon County, Illinois. Claimant\u2019s wife and grandson were passengers in his car.\nRespondent\u2019s employee, Dean Floore, was the operator of a 1972 International Loadstar 1700 truck and was operating the vehicle in a northerly direction ahead of Claimant at the location above set forth.\nFrom the testimony of the witnesses, Respondent pulled his truck off the right side of the road to make a left hand turn at the intersection. Claimant testified he thought Respondent was going to stop while off the right side of the road and when Respondent swerved back onto the road, Claimant pulled his vehicle to the left hand side of the road trying to avoid an accident. A collision followed, causing personal injuries and collision damage to Claimant\u2019s automobile.\nIt appears from the record that Claimant did everything possible to avoid an accident and was responsible for there being a limited amount of damage rather than an extremely bad accident.\nThe following expenses were incurred: medical expenses for Joseph B. Kelley in the amount of $516.00; $1,136.08 for automobile repair; $39.15 for an appraisal fee; $25.00 for towing charges; $32.10 for medical expenses of Howard J. Watkins (one of the passengers) and $400.00 for additional transportation.\nThis Court has previously held that while the State is not an insurer against all accidents occurring on its highways, it is responsible when the State is negligent and that negligence is the proximate cause of Claimant\u2019s injury and Claimant was free from contributory negligence. 30 Ill. Ct. Cl. 410.\nIn the present case, there is not any indication of contributory negligence on the part of Claimant. This Court finds that negligence of Respondent was the proximate cause of the injuries complained of.\nAward is hereby entered in favor of Claimants in the amount of $2,148.33.",
        "type": "majority",
        "author": "Holderman, J."
      }
    ],
    "attorneys": [
      "Heyl, Royster, Voelker & Allen, for Claimants.",
      "Neil F. Hartigan, Attorney General (Sue Mueller, Assistant Attorney General, of counsel), for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 80-CC-1366\nJoseph B. Kelley and Preferred Risk Insurance Company, Claimants, v. The State of Illinois, Respondent.\nOrder filed February 15, 1985.\nHeyl, Royster, Voelker & Allen, for Claimants.\nNeil F. Hartigan, Attorney General (Sue Mueller, Assistant Attorney General, of counsel), for Respondent."
  },
  "file_name": "0112-01",
  "first_page_order": 196,
  "last_page_order": 198
}