Baker v. State

35 Ill. Ct. Cl. 911 (1983) · Court of Claims of Illinois · June 9, 1983

Summary

The Illinois Court of Claims considered whether it had subject-matter jurisdiction over a claim arising from a National Guard truck accident during federally required and funded annual training. Relying on prior decisions, the Court held that the driver was not acting as an agent or employee of Illinois because the unit was performing a federal rather than state function, and it dismissed the claim.

Court
Court of Claims of Illinois
Writing for the Court
Roe, C.J.
Jurisdiction
Illinois
Decision date
June 9, 1983
Procedural posture
The State moved to dismiss the claim for lack of subject matter jurisdiction. The claimant filed no objection.
Standard of review
The court considered the respondent's motion to dismiss for lack of subject matter jurisdiction.
Precedential value
published
Parties
Baker v. State
Disposition
dismissed

Topics

subject matter jurisdictionmotions to dismissmilitary lawfederalismcivil procedure

Practice areas

civil proceduremilitary lawfederalism

Questions Presented

  1. Whether the Illinois Court of Claims had subject matter jurisdiction over a claim arising from the conduct of an Illinois National Guard driver during federally funded annual training.
  2. Whether the National Guard driver was acting as an agent or employee of the State of Illinois when the accident occurred.

Holdings

  1. The Court of Claims lacked subject matter jurisdiction because the National Guard unit was performing a federally funded mission rather than a state function, so the driver was not acting as an agent or employee of the State of Illinois.

Key quotations

Since the National Guard unit to which the driver was attached was not performing a State function or in State service at the time of the accident, the driver could not have been an agent or an employee of the State of Illinois. (35 Ill. Ct. Cl. 911)

Factual background

Baker and National Guard driver Tommie Craft, both Illinois National Guardsmen, were traveling to Camp McCoy, Wisconsin, for federally required and funded annual training under 32 U.S.C. § 503. The National Guard truck crashed in Columbia County, Wisconsin. Baker contended that Craft was an agent of the State of Illinois, but the court determined that the federally funded training was not a state function.

Procedural history

Baker brought a claim in the Illinois Court of Claims based on injuries sustained in a National Guard truck accident in Wisconsin. The State moved to dismiss for lack of subject matter jurisdiction, arguing that the National Guard driver was performing a federally funded mission rather than a state function. The Court granted the motion and dismissed the claim.

Court Document

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