Cullers v. State

Court of Claims of Illinois

Cullers v. State

40 Ill. Ct. Cl. 211, 1987 Ill. Ct. Cl. LEXIS 67

CourtCourt of Claims of Illinois

DecidedAugust 13, 1987

DocketNo. 86-CC-2869

StatusPublished

This text of 40 Ill. Ct. Cl. 211 (Cullers 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

Cullers v. State, 40 Ill. Ct. Cl. 211, 1987 Ill. Ct. Cl. LEXIS 67 (Ill. Super. Ct. 1987).

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Opinion

Sommer, J.

This Court, having considered the Respondent’s motion to dismiss or in the alternative, motion for summary judgment, and being fully advised in the premises;

Finds that the Claimant was injured in an automobile collision when the automobile in which he was riding collided with an automobile coming onto a State-controlled road, the Osceola Spur in Stark County, from a driveway. Further, that the Claimant has recovered $100,000.00 from the insurer of the driver of the automobile in which he was a passenger. Further, that this Court has held on numerous occasions that recovery of the statutory limit of $100,000.00 or more from another party to an accident completely sets off any claim that may be had against the State.

It is therefore ordered that this cause is dismissed with prejudice.

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Sommer, J.

This Court, having considered the Respondent’s motion to dismiss or in the alternative, motion for summary judgment, and being fully advised in the premises;

Finds that the Claimant was injured in an automobile collision when the automobile in which he was riding collided with an automobile coming onto a State-controlled road, the Osceola Spur in Stark County, from a driveway. Further, that the Claimant has recovered $100,000.00 from the insurer of the driver of the automobile in which he was a passenger. Further, that this Court has held on numerous occasions that recovery of the statutory limit of $100,000.00 or more from another party to an accident completely sets off any claim that may be had against the State.

It is therefore ordered that this cause is dismissed with prejudice.

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Bluebook (online)

40 Ill. Ct. Cl. 211, 1987 Ill. Ct. Cl. LEXIS 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cullers-v-state-ilclaimsct-1987.