Rodes v. State

46 Ill. Ct. Cl. 360, 1994 Ill. Ct. Cl. LEXIS 33
CourtCourt of Claims of Illinois
DecidedMay 6, 1994
DocketNo. 90-CC-3480
StatusPublished
Cited by1 cases

This text of 46 Ill. Ct. Cl. 360 (Rodes 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
Rodes v. State, 46 Ill. Ct. Cl. 360, 1994 Ill. Ct. Cl. LEXIS 33 (Ill. Super. Ct. 1994).

Opinion

OPINION

Sommer, C.J.

This cause comes before the Court on a complaint filed by the Claimants, Nancy Rodes and William Rodes. The complaint alleges that Nancy Rodes and her father, William Rodes, incurred damages because the Secretary of State supplied incorrect drivers license information to a Federal park police officer in the State of Arizona on September 25, 1989, indicating that the drivers license of Nancy Rodes was suspended. It is alleged that this transmittal of incorrect information caused Nancy Rodes to be jailed overnight in Arizona, to be made subject to arrest proceedings, and to have her motor vehicle towed. The Claimants seek a total of $25,000 in damages.

A hearing was conducted on June 12, 1992. The Claimants were represented by counsel. Subsequent to the hearing, each party filed a brief in support of their respective positions.

Testimony of Nancy Rodes

Nancy Rodes (hereinafter referred to as “Nancy”) testified that on September 25, 1989, she was driving a 1984 Chevy Blazer, license plate number ADK131, in the Petrified Forest National Park of Arizona. She was stopped for speeding by a Federal park police officer, and was arrested for driving while her drivers license was suspended. No speeding charge was made. She was searched, handcuffed, and driven to jail, and her vehicle was towed. She was told to shower and to put on clothes with the word “jail” on them. The jail and shower were in bad condition. She spent the night in jail and was released the next morning.

At the hearing Nancy said she was a little afraid of the woman in her jail cell. At her deposition, Nancy said she was not afraid of the other person in the jail cell. Nancy stated that her father told her that he wanted to fly out and drive back with her because he didn’t want her to drive alone. She did not ask him to come out. He said he was afraid she would “suffer some kind of after-shock.”

At the hearing Nancy said the incident still bothers her and she feels intimidated. In her deposition Nancy said that she was not suffering from the arrest incident in any way.

Nancy stated that she received the Claimant’s Exhibit No. 5 in the mail and identified it as a Clean Air Vehicle Emission Test Report with a test date of April 9, 1988, and with a pass sticker affixed. Nancy identified the Claimants Exhibit No. 6 as a vehicle emissions test report with a test date of February 7, 1989, and with a pass sticker on it. The Claimants Exhibit No. 7, receipts of the towing bill, were admitted without objection.

Nancy stated that she received a whole bunch of notices regarding emissions testing and took them with her to the IEPA emissions test station on February 7, 1989. IEPA personnel told her that she might as well test since she was there. She received another notice after the February 7 test but she disregarded it and “figured it was just caught up in the system.”

Nancy testified that she moved from 238 Delphia, Park Ridge, to 248 Kosan Circle, Streamwood, sometime around September of 1988, and she notified the Secretary of State to change her drivers license to reflect the change in address. She believed her vehicle was registered at the Park Ridge address. She received vehicle emissions notices at the Park Ridge address. The notices told her to have her vehicle tested. She did not check the VIN on the notices. She stated that she did not know of ever receiving any notices in 1988 from the Secretary of State telling her that her license plates and driver’s license were going to be suspended.

Nancy identified her signature at the bottom of the Respondents Exhibit No. 3, which is an application for registration, dated June 5, 1987. The VIN on the application is 1G8CT1887E0188579. The Respondents Exhibit No. 3 was admitted into the record without objection. The Respondents Exhibit No. 4 is a registration application dated September 2,1990. The Respondents Exhibit No. 4 was admitted into the record over an objection for a limited purpose. The Respondents Exhibit No. 4 references a VIN where the eighth and ninth digits appear to be either “13” or “B.”

The Claimants Exhibit No. 8 is a registration application for Nancy’s car. She agreed that the VIN on the Claimant’s Exhibit No. 8 was the correct VIN and the VIN on the Respondent’s Exhibit No. 3 was different. The Claimant’s Exhibit No. 8 was admitted without objection.

Testimony of William Rodes

William Rodes, a resident of Chicago, Illinois, testified that on September 25, 1989, his son, who lived in Phoenix, called him and told him that Nancy had been arrested. William Rodes (hereinafter referred to as ‘William”) called the county jail in St. Johns, Arizona and talked to a deputy sheriff and a matron. Subsequently, he called his son and called the matron to express his concern for Nancy’s safety.

At approximately 10:40 a.m. on September 26, 1989, William had a telephone conversation with Nancy. Nancy called to inform William that the sheriff had released her. She called William later, and he informed her that he would fly out.

At the time of the occurrence, William worked as a rehabber, buying apartment buildings and rehabbing them. He was in the process of rehabbing a four-apartment building. He flew to Arizona on October 6. He stayed in Arizona five or six days before he and Nancy drove back to Chicago.

William stated that he was concerned for Nancy’s physical safety while she was in jail. After arriving in Arizona he noticed that she was not as outgoing, happy or enthusiastic as she had been prior to the incident. Her demeanor and attitude change continued for four to six weeks. She did not seek psychological counseling or see any mental health personnel.

William claims $2,109.43 in expenses. William identified a five-page document, marked as the Claimants Exhibit No. 3, as a report prepared by him indicating the times he called various people. The first page is a summary of the expenses claimed by him, including expenses relating to telephone calls, air fares, motel, and loss of income. Pages two through five of the exhibit are copies of receipts in support of the claim. William specifies his income at $25 per hour. The Claimants Exhibit No. 3 was admitted into the record without objection.

William testified that he reports paying himself $200 per day to the Internal Revenue Service. He does not draw a weeks salary but pays himself when the building is sold. William was working on a project when Nancy first contacted him on September 26, 1989. He completed the work he had started and then went to Arizona on October 6,1989.

Testimony of Nancy Anderson

Ms. Nancy Anderson, an employee of the State of Illinois, was called as a witness by the Claimants. Anderson has served as the manager of the Auto Emissions Section within the Office of the Secretary of State (hereinafter referred to as “Secretary”), since September, 1985. Her job involves the enforcement of the Illinois Vehicle Emissions Test Program. The emissions testing laws are enforced by suspending the drivers license of the owner of a motor vehicle if the motor vehicle and its owner are not in compliance with the emissions testing program.

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Related

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51 Ill. Ct. Cl. 269 (Court of Claims of Illinois, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
46 Ill. Ct. Cl. 360, 1994 Ill. Ct. Cl. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodes-v-state-ilclaimsct-1994.