{
  "id": 3057090,
  "name": "Imogene M. Stewart, Claimant, v. The State of Illinois, Respondent",
  "name_abbreviation": "Stewart v. State",
  "decision_date": "1985-08-07",
  "docket_number": "No. 83-CC-1271",
  "first_page": "200",
  "last_page": "202",
  "citations": [
    {
      "type": "official",
      "cite": "38 Ill. Ct. Cl. 200"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "119 Ill. App. 2d 105",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
      "case_ids": [
        1584518
      ],
      "year": 1971,
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-2d/119/0105-01"
      ]
    },
    {
      "cite": "255 N.E.2d 265",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "year": 1971,
      "opinion_index": 0
    }
  ],
  "analysis": {
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    "char_count": 3723,
    "ocr_confidence": 0.893,
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    "simhash": "1:494def3bd715e89a",
    "word_count": 588
  },
  "last_updated": "2023-07-14T19:09:05.193768+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Imogene M. Stewart, Claimant, v. The State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Raucci, J.\nClaimant, Imogene M. Stewart, was injured on July 30, 1981, when her finger became lodged in an uncapped side rail at the top of a sliding board located in the Lake Le-Aqua-Na State Park. Claimant suffered a broken and lacerated index finger. Claimant asserts that by reason of the State employees\u2019 failure to cover or cap the exposed rail ends, or give notice to users of their dangerous condition, the Respondent, State of Illinois, breached its duty to exercise reasonable care in establishing or maintaining the sliding board in such a manner as to protect invitees. Claimant has established a 5% impairment of her use of the injured hand.\nTo compensate her for her injuries, Claimant seeks judgment of $18,002.70 (medical expenses of $502.70, pain and suffering of $2,500.00, permanent impairment of hand in the amount of $15,000.00).\nAs a prerequisite to a finding of negligence, a duty on the part of the Respondent must be established. Claimant has established that point.\n\u201cA governmental entity which extends an invitation to the public to make use of its facilities for educational or recreational purposes owes a duty of reasonable and ordinary care against known or foreseeable danger. O\u2019Brien v. Colonial Village, Inc., 255 N.E.2d 265, 119 Ill. App. 2d 105 (1971).\u201d Claimant\u2019s Brief, page 2.\nHaving established Respondent\u2019s duty, Claimant must next demonstrate that Respondent breached that duty. Claimant has successfully met this requirement. The testimony given by Jeffrey Lynn Hensal, the park ranger, shows that although frequent inspections were made of the premises, the hazardous condition was not recognized as such. Claimant\u2019s Exhibit #3, which shows the uncapped openings at the top of the slide, indicates that the defect was open to discovery upon a casual inspection. That Claimant\u2019s injury resulted from this breach was obvious. Had the opening been covered, Claimant\u2019s finger would not have become lodged inside. The product was without adequate safety features, and was inherently unsafe. The openings are obviously a hazard and should have been discovered and corrected by the State. The Respondent did not meet its duty to recognize the openings as hazards.\nClaimant incurred $502.70 in medical expenses. Her husband\u2019s insurance coverage has paid $351.45. The balance owing is $151.25. She also seeks $2,500.00 compensation for her pain and suffering.\nClaimant seeks $15,000.00 to compensate for the 5% impairment of her hand. We view that portion of the claim as excessive. In determining the amount of compensation due to Claimant, the guidelines set forth in the Illinois Workers\u2019 Compensation Act are illuminating. Under these guidelines, the total loss of use of a hand is compensated by an award equal to 190 weeks wages. Since the Claimant was unemployed at the time she incurred her injury, the minimum allowed under the statute, $117.40, will be considered. Thus, the award for the complete loss or impairment of Claimant\u2019s hand would be $22,306.00. However, as Claimant has suffered only a 5% impairment, that percentage should be applied to determine the amount she may recover. Therefore, under this method, Claimant would be awarded $1,115.30.\nIt is therefore ordered that Claimant be awarded $151.25 for her out-of-pocket medical expenses, $2,500.00 for her pain and suffering, and $1,115.30 to compensate her for the impairment of her finger for a total recovery of $3,766.55, in full satisfaction of this claim.",
        "type": "majority",
        "author": "Raucci, J."
      }
    ],
    "attorneys": [
      "James A. Trannel, for Claimant.",
      "Neil F. Hartigan, Attorney General (Sue Mueller, Assistant Attorney General, of counsel), for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 83-CC-1271\nImogene M. Stewart, Claimant, v. The State of Illinois, Respondent.\nOpinion filed August 7, 1985.\nJames A. Trannel, for Claimant.\nNeil F. Hartigan, Attorney General (Sue Mueller, Assistant Attorney General, of counsel), for Respondent."
  },
  "file_name": "0200-01",
  "first_page_order": 286,
  "last_page_order": 288
}