In re Patton

46 Ill. Ct. Cl. 602, 1991 Ill. Ct. Cl. LEXIS 53
CourtCourt of Claims of Illinois
DecidedNovember 6, 1991
DocketNo. 91-CV-0354
StatusPublished

This text of 46 Ill. Ct. Cl. 602 (In re Patton) 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
In re Patton, 46 Ill. Ct. Cl. 602, 1991 Ill. Ct. Cl. LEXIS 53 (Ill. Super. Ct. 1991).

Opinion

OPINION

Montana, C.J.

This claim arises out of an incident that occurred on July 7, 1990. Crystal Y. Patton, wife of the deceased victim, Charlie Lee Patton, and Virginia J. Patton, mother of the victims minor child, Charles Lemont Patton, seek compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act. Ill. Rev. Stat. (1989), ch. 70, par. 71, et seq.

This Court has carefully considered the applications for benefits submitted on August 10, 1990, and August 17, 1990, respectively, on the form prescribed by the Attorney General, and an investigatory report of the Attorney General of Illinois which substantiates matters set forth in the applications. Based upon these documents and other evidence submitted to the Court, the Court finds:

(1) That on July 7,1990, Charlie Lee Patton, age 39, was a victim of a violent crime as defined in section 2(c) of the Act, to wit: first degree murder. Ill. Rev. Stat. (1989), ch. 38, par. 9—1.

(2) That the crime occurred in Chicago, Illinois, and all of the eligibility requirements of section 6.1 of the Act have been met.

(3) That the Claimant, Crystal Y. Patton, seeks compensation for funeral expenses and for loss of support for herself and the victims minor son, Isaac Lee Patton. The Claimant, Virginia J. Patton, seeks compensation for loss of support on behalf of the victims minor child, Charles Lemont Patton.

(4) That the Claimant, Crystal Y. Patton, incurred funeral and burial expenses in the amount of $4,967.23, all of which had been paid. Pursuant to section 2(h) of the Act, funeral and burial expenses are compensable to a maximum amount of $3,000.

(5) That section 2(h) of the Act states that loss of support shall be determined on the basis of the victim’s average net monthly earnings for the six months immediately preceding the date of the injury or on $1,000 per month, whichever is less.

(6) That the victim’s average net monthly earnings were $1,312.53. The victim was 39 years of age at the time of the crime. According to Vital Statistics of the United States, Life Tables, volume II (U.S. Department of Health, Education and Human Services 1984), his life expectancy would have been 74.2 years. The projected loss of support for 35.2 years is $422,400, which is in excess of $25,000 which is the maximum amount compensable under section 10.1(f) of the Act.

(7) That section 2(h) of the Act further states that if a divorced applicant is claiming loss of support for a minor child of the deceased, the amount of support for each child shall be based on the amount of support the minor child received pursuant to the degree for the six months prior to the date of the deceased victims death.

(8) That under the divorce decree in Charlie Patton v. Virginia Patton, No. 84 D 0024999, filed in the circuit court of Cook County, Illinois, the victim was ordered to pay child support for his minor child, Charles Lemont Patton. Available evidence indicates that the victim met his child support obligations at an average of $90 per month.

(9) That the victims minor child, Charles Lemont Patton, born March 30, 1982, was eight years, three months of age at the time of the incident. Charles Lemont Patton will attain the age of majority on March 30, 2000, which is 117 months after the incident.

(10) That based upon support payments of $90 per month, the projected loss of support for 117 months, the maximum period for loss of support for the victims child, is $10,530.

(11) That pursuant to section 10.1(e) of the Act, this Court must deduct from all claims, the amount of benefits, payments or awards payable under the Workers’ Compensation Act, Dram Shop Act, Federal Medicare, State Public Aid, Federal Social Security Administration burial benefits, Veterans Administration burial benefits, health insurance, or from any other source, except annuities, pension plans, Federal Social Security payments payable to dependents of the victim and the net proceeds of the first $25,000 (twenty-five thousand dollars) of life insurance that would inure to the benefit of the applicant.

(12) That the Claimant, Crystal Y. Patton, has received $43,000 from a life insurance policy as a result of the victims death, $18,000 of which can be counted as an applicable deduction under section 10.1(e) of the Act.

(13) The Claimant, Virginia J. Patton, has received no reimbursements that can be counted as an applicable deduction under section 10.1(e) of the Act.

(14) The Claimant, Crystal Y. Patton, net loss can be based upon the following:

Projected loss of support $422,400.00

Maximum Funeral Expenses 3,000.00

Subtotal $425,400.00

Less Applicable Life Insurance -18,000.00

Total $407,400.00

(15) That after making all of the applicable deductions under the Act, the net loss of the Claimant, Crystal Y. Patton, is in excess of the $25,000 maximum award allowed in section 10.1(f) of the Act.

(16) The Claimant, Virginia J. Patton, net loss can be based upon the following:

Projected Loss of Child Support $10,530

(17) That section 10.1(f) of the Act states that if the pecuniary loss is in excess of $25,000, the maximum amount allowed, the award shall be divided in proportion to the amount of actual loss among the claimants entitled to compensation.

(18) The Claimants’ net loss should be prorated respectively in accordance with the percentage of the compensable net loss. The Claimants’ net compensable loss is based upon the following:

Total Net Loss

% of Loss

Compensable Amount

Crystal Y. Patton $407,400.00 97.5 $24,375.00

Virginia J. Patton 10,530.00 2.5 625.00

Total $417,930.00 100.0 $25,000.00

(19) That the Claimant Crystal Y. Patton, has complied with all pertinent provisions of the Act and qualifies for compensation thereunder.

(20) That the Claimant Virginia J. Patton, has complied with all pertinent provisions of the Act and qualifies for compensation thereunder.

(21) That the interest of the Claimant, Crystal Y. Patton, would be best served if the award hereunder would be paid pursuant to the installment provision of section 10.1 of the Act.

It is hereby ordered that the sum of $625 (six hundred twenty-five dollars) be and is hereby awarded to Virginia J. Patton, on behalf of Charles Lemont Patton, minor child of the deceased victim, Charlie Lee Patton, an innocent victim of a violent crime.

It is further ordered that the sum of $24,375 (twenty-four thousand three hundred seventy-five dollars) be and is hereby awarded to Crystal Y. Patton, wife of the deceased victim, Charlie Lee Patton, an innocent victim of a violent crime, to be paid and disbursed to her as follows:

(a) $3,000 (three thousand dollars) to be paid to Crystal Y. Patton in a lump sum;

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Related

§ 45/1
Illinois 740 § 45/1
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Illinois 740 § 45/2

Cite This Page — Counsel Stack

Bluebook (online)
46 Ill. Ct. Cl. 602, 1991 Ill. Ct. Cl. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-patton-ilclaimsct-1991.