Chambers v. State

Court of Claims of Illinois

Chambers v. State

33 Ill. Ct. Cl. 194, 1980 Ill. Ct. Cl. LEXIS 107

CourtCourt of Claims of Illinois

DecidedJune 5, 1980

DocketNo. 77-CC-1167

StatusPublished

This text of 33 Ill. Ct. Cl. 194 (Chambers v. State) is published on Counsel Stack Legal Research, covering Court of Claims of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chambers v. State, 33 Ill. Ct. Cl. 194, 1980 Ill. Ct. Cl. LEXIS 107 (Ill. Super. Ct. 1980).

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Opinion

Per Curiam.

This matter comes before the Court upon a motion of Claimant to reconsider order of dismissal entered in this cause.

The complaint in this matter was filed on June 30, 1977. On November 14,1979, Respondent made a motion to dismiss said cause, the grounds of said motion being that Claimant had been furnished interrogatories on September 12, 1977, which Claimant had failed to answer. On January 28,1980, this Court granted the motion of Respondent to dismiss and said cause was dismissed.

The attorney for Claimant entered his appearance on November 30,1979. In the motion to reconsider order of dismissal, Claimant sets forth that he was unaware of the fact that he was required to answer the interrogatories received by him in 1977, yet the record indicates that he did nothing to protect his interests until November of 1979, two years after the receipt of the interrogatories. It was at this time that he consulted an attorney and the attorney filed his appearance. This was over two years after having received said interrogatories and it is the Court’s opinion that due diligence was not exercised on the part of Claimant as it was his responsibility to protect his interests long before he did.

It is hereby ordered that Claimant’s motion for reconsideration be, and the same is, denied.

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Per Curiam.

This matter comes before the Court upon a motion of Claimant to reconsider order of dismissal entered in this cause.

The complaint in this matter was filed on June 30, 1977. On November 14,1979, Respondent made a motion to dismiss said cause, the grounds of said motion being that Claimant had been furnished interrogatories on September 12, 1977, which Claimant had failed to answer. On January 28,1980, this Court granted the motion of Respondent to dismiss and said cause was dismissed.

The attorney for Claimant entered his appearance on November 30,1979. In the motion to reconsider order of dismissal, Claimant sets forth that he was unaware of the fact that he was required to answer the interrogatories received by him in 1977, yet the record indicates that he did nothing to protect his interests until November of 1979, two years after the receipt of the interrogatories. It was at this time that he consulted an attorney and the attorney filed his appearance. This was over two years after having received said interrogatories and it is the Court’s opinion that due diligence was not exercised on the part of Claimant as it was his responsibility to protect his interests long before he did.

It is hereby ordered that Claimant’s motion for reconsideration be, and the same is, denied.

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Bluebook (online)

33 Ill. Ct. Cl. 194, 1980 Ill. Ct. Cl. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chambers-v-state-ilclaimsct-1980.