Koehler v. State

27 Ill. Ct. Cl. 384 (1972) · Court of Claims of Illinois · April 18, 1972

Summary

The Illinois Court of Claims considered a claim arising from a motor vehicle accident caused by flooding and ice on U.S. Route 50. The court found the State negligent for failing to provide adequate warnings, barricades, or other precautions despite a history of water encroaching onto the highway and foreseeable freezing conditions. It awarded a total of $20,000 to the claimant and subrogees.

Holdings

  1. The State was negligent in failing to erect signs, barricades, or other warnings concerning the water and ice on the highway.
  2. The State's failure to warn or protect against the icy highway condition was the proximate cause of Koehler's accident.
  3. Koehler was entitled to recover damages for his substantial physical injuries, residual disability, and medical expenses, and the court awarded $20,000.

Questions Presented

  1. Whether the State negligently failed to warn, barricade, salt, or otherwise address water and ice covering U.S. Route 50.
  2. Whether the State's negligence was the proximate cause of Koehler's motor-vehicle accident and resulting injuries.
  3. Whether Koehler was entitled to recover damages for his injuries and medical expenses.

Disposition

other

Cases Cited (2)

  • Carr v. State, No. 4901(followed)
  • Bovey v. State, 22 C.C.R. 95(followed)

Cited In (0)

No citing cases on record yet.

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