Mestan v. State

Court of Claims of Illinois

Mestan v. State

33 Ill. Ct. Cl. 1, 1980 Ill. Ct. Cl. LEXIS 82

CourtCourt of Claims of Illinois

DecidedJanuary 21, 1980

DocketNo. 5220

StatusPublished

This text of 33 Ill. Ct. Cl. 1 (Mestan 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

Mestan v. State, 33 Ill. Ct. Cl. 1, 1980 Ill. Ct. Cl. LEXIS 82 (Ill. Super. Ct. 1980).

Pincite

Opinion

Holderman, J.

This claim arises from a one car automobile accident that occurred on February 15, 1964. Claimant was a passenger in a car driven by her husband in a northerly direction along Mount Prospect Road across the Northwestern Railroad leading to the Northwest Highway in Cook County in the Village of Mount Prospect.

The accident occurred where there is a sharp dip in the county-maintained right-of-way between the Northwestern Railroad tracks and the State-maintained Northwest Highway.

The County of Cook and the Northwestern Railroad made a settlement in the amount of $7,500.00 in return for a covenant not to sue.

The record discloses that the area that possibly contributed to the cause of the accident was a county-maintained road and was not under the control of the State.

The area in question not being under the control of the State, there cannot be any liability upon the State.

This cause is dismissed.

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