In re Reynolds

45 Ill. Ct. Cl. 525
CourtCourt of Claims of Illinois
DecidedDecember 18, 1992
DocketNo. 90-CV-1007
StatusPublished
Cited by2 cases

This text of 45 Ill. Ct. Cl. 525 (In re Reynolds) 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 Reynolds, 45 Ill. Ct. Cl. 525 (Ill. Super. Ct. 1992).

Opinion

OPINION

Dillard, J.

This claim arises out of an incident that occurred on November 4, 1989. Sandra Howard, mother of the victims minor child, Sanrena Howard, and Hester Reynolds, mother of the deceased victim, Julius T. Williams, respectively, seek compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act. Ill. Rev. Stat. 1987, ch. 70, par. 71 et seq.

This Court has carefully considered the applications for benefits submitted on January 29, 1990, and April 4, 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 application. Based upon these documents and other evidence submitted to the Court, the Court finds:

1. That Julius T. Williams, age 28, was a victim of a violent crime as defined in section 72(c) of the Act, to wit, first degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1). The victim was shot on November 4, 1989, and expired from these injuries on November 11,1989.

2. That the crime occurred in Chicago, Illinois, and all of the eligibility requirements of section 76.1 of the Act have been met.

3. That the Claimant, Sandra Howard, seeks compensation for loss of support for the victim’s minor child, Sanrena Howard. The Claimant, Hester Reynolds, seeks compensation for funeral expenses.

4. That the Illinois Department of Public Aid has assumed responsibility for the funeral expenses incurred by the Claimant, Hester Reynolds, as a result of the incident.

5. The minor child, Sanrena Howard, bom July 10, 1980, was 9 years, 4 months, of age at the time of the incident. Sanrena Howard will attain the age of majority on July 10,1998, which is 104 months after the incident.

6. That section 72(h) of the Act states that loss of support shall be determined on the basis of the victims average net monthly earnings for the six months immediately preceding the date of the injury or on $1,000 per month, whichever is less.

7. That the victim s average net monthly earnings were $73.34. Based on $73.34 per month, the projected loss of support for 104 months, the maximum period for loss of support for the victim s minor child, is $7,627.36.

8. That the Claimant Sandra Howard has received no reimbursements that can be counted as an applicable deduction under section 80.1(e) of the Act.

9. That section 80.1(a) of the Act states that a person may be compensated for his pecuniary loss.

10. That the Claimant, Hester Reynolds, has not suffered a compensable pecuniary loss under the Act.

11. That the Claimant, Sandra Howard, has complied with all pertinent provisions of the Act and qualifies for compensation thereunder.

12. That the interest of the Claimant, Sandra Howard, would be best served if the award hereunder would be paid pursuant to the installment provision of section 81.1 of the Act.

It is therefore hereby ordered that the sum of $7,627.36 be and is hereby awarded to Sandra Howard, mother of Sanrena Howard, minor child of Julius T. Williams, an innocent victim of a violent crime, to be paid and disbursed to her as follows:

(a) $4,027.36 to be paid to Sandra Howard in a lump sum for the use and benefit of Sanrena Howard;

(b) 48 equal payments of $75 to be paid to Sandra Howard for the use and benefit of Sanrena Howard;

(c) In the event of the death or marriage of the Claimants child, it is the duty of the personal representative of the Claimant to inform this Court in writing of such death or marriage for the purpose of the possible modification of the award.

It is further ordered that the claim of Hester Reynolds be, and is hereby denied.

ORDER

Sommer, J.

This cause comes on to be heard on the Court s own motion;

On August 27, 1990, an opinion was entered which made an award for loss of support to Sandra J. Howard for the use and benefit of Sanrena Howard and denied compensation for funeral expenses to Hester Reynolds. Shortly thereafter, the purported mother of another child of the victim contacted the Court and filed an application for benefits.

Payment of the previous award has not been made due to the possibility that one or more children may also be entitled to an award which, due to the limits on the amount of compensation which can be awarded, may cause a reduction of the award for Sanrena Howard.

It is hereby ordered that this matter is referred to the office of the Attorney General for further investigation and report and that payment of the award made on August 27, 1990, is withheld until further order of the Court.

This claim arises out of an incident that occurred on November 4, 1989. Sandra Howard, mother of Sanrena Howard, minor child of the deceased victim, Hester Reynolds, mother of the deceased victim, Samantha Rat-cliff, mother of Julius T. Williams, Jr., minor child of the deceased victim, and Sheila Edwards, mother of Julian T. Williams, minor child of the victim, seek compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act. Ill. Rev. Stat. 1987, ch. 70, par. 71 etseq.

This Court has carefully considered the applications for benefits submitted on January 29, 1990, April 4, 1990, November 3,1990, and September 25,1990, respectively, on the forms 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 Julius T. Williams, age 28, was a victim of a violent crime as defined in section 72(c) of the Act, to wit, first degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1). The victim was shot on November 4, 1989, and expired from these injuries on November 11,1989.

2. That the crime occurred in Chicago, Illinois, and all of the eligibility requirements of section 76.1 of the Act have been met.

3. That the Claimant, Sandra Howard, seeks compensation for loss of support for the victim’s minor child, Sanrena Howard. The Claimant, Hester Reynolds, seeks compensation for funeral expenses. The Claimant, Samantha Ratcliff, seeks compensation for loss of support of the victims minor child, Julius T. Williams, Jr. The Claimant, Sheila Edwards, seeks compensation for the cost of a tombstone and for loss of support for the victim s minor child, Julian T. Williams.

4. That pursuant to section 80.1(c) of the Act, a person related to the victim is eligible for compensation for funeral expenses of the victim to the extent to which he has paid such expenses.

5. That section 72(f) of the Act defines “relative” as a spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, brother-in-law, sister, sister-in-law, half-brother, half-sister, spouse s parent, nephew, niece, uncle or aunt.

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Related

In re Johnson
51 Ill. Ct. Cl. 598 (Court of Claims of Illinois, 1999)
In re Sivels
48 Ill. Ct. Cl. 633 (Court of Claims of Illinois, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
45 Ill. Ct. Cl. 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-reynolds-ilclaimsct-1992.