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REPORTS

OF

Cases Argued and Determined

IN THE

COURT of CLAIMS

OF THE

STATE OF ILLINOIS

VOLUME 39

Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1987 - July 1, 1986-June 30, 1987

SPRINGFIELD, ILLINOIS 1988

(Printed by authority of the State of Illinois)

(65655-3007/88)

PREFACE

The opinions of the Court of Claims reported herein are published by authority of the provisions of Section 18 of the Court of Claims Act, Ill. Rev. Stat. 1987, ch. 37, par. 439.1 et seq. The Court of Claims has exclusive jurisdiction to hear and determine the following matters: (a) all claims against the State of Illinois founded upon any law of the State, or upon an regulation thereunder by an executive or administrative ofgcer or agency, other than claims arising under the Workers' Compensation Act or the Workers' Occupational Diseases Act, or claims for certain expenses in civil litigation, (b) all claims against the State founded upon any contract entered into with the State, (c) all claims against the State for time unjustly served in prisons of this State where the persons imprisoned shall receive a pardon from the Governor stating that such pardon is issued on the grounds of innocence of the crime for which they were imprisoned, (d) all claims against the State in cases sounding in tort, (e) all claims for recoupment made by the State against any Claimant, (f) certain claims to compel replacement of a lost or destroyed State warrant, (g) certain claims based on torts by escaped inmates of State institutions, (h) certain representation and indemnification cases, (i) all claims pursuant to the Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics and Firemen Compensation Act, (j) all claims pursuant to the Illinois National Guardsman's and Naval Militiaman's Compensation Act, and (k) all claims pursuant to the Crime Victims Compensation Act. A large number of claims contained in this volume have not been reported in full due to quantity and general similarity of content. These claims have been listed according to the type of claim or disposition. The categories they fall within include: claims in which orders of awards or orders of dismissal were entered without opinions, claims based on lapsed appropriations, certain State employees' back salary claims, prisoners and inmates-missing property claims, claims in which orders and opinions of denial were entered without opinions, refund cases, medical vendor claims, Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics and Firemen Compensation Act claims and certain claims based on the Crime Victims Compensation Act. However, any claim which is of the nature of any of the above categories, but which also may have value as precedent, has been reported in full.

11

.

OFFICERS OF THE COURT

JAMES S. MONTANA, JR. Chicago, Illinois Chief Justice - March 5, 1985Judge - November 1,1983-March 5,1985

S. J. HOLDERMAN, Judge Morris, Illinois March 10,1970-February 25,1987

LEO F. POCH, Judge Chicago, Illinois June 22,1977-

ANDREW M. RAUCCI, Judge Chicago, Illinois February 28,1984R ANDY PATCHETT, Judge Marion, Illinois March 26,1985KIRK W. DILLARD, Judge Chicago, Illinois February 23,1987ROGER A. SOMMER, Judge Morton, Illinois February 26,1987A NNE M. BURKE, Judge Chicago, Illinois March 6, 1987JIM EDGAR Secretary of State and Ex Officio Clerk of the Court January 5,1981-

CHLOANNE GREATHOUSE Deputy Clerk and Director Springfield, Illinois January 1,1984111

..*

TABLE OF CONTENTS Fiscal Year 1987

Preface. ........................................ ii Officers of the Court.. ........................... iii vii Table of Cases .................................. Opinions Published in Full-General ............... 1 Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics and Firemen Compensation Act Cases: Opinions Not Published in Full. ............... 207 Cases in Which Orders of Awards Were Entered Without Opinions ...................... 208 Cases in Which Orders of Dismissal Were Entered Without Opinions ......................

210

Cases in Which Orders and Opinions of Denial Were Entered Without Opinions .......... 236 Contracts-Lapsed Appropriations ................ 243 Prisoners and Inmates-Missing Property Claims .... State Employees' Back Salary Cases ............... Refund Cases ................................... Medical Vendor Claims ..........................

289 291 292 297

Crime Victims Compensation Act Cases: Opinions Published in Full. ..................... 312 Opinions Not Published in Full.. ................ 327 Index .......................................... 354

V

TABLE OF CASES Fiscal Year 1987 (July 1. 1986 to June 30. 1987)

NOTE: Cases preceded by 0 are published in full .

A

A-1 Photo Service .......................... 256 AAA Construction .......................... 208 AAA Portable Toilets ....................... 259 Abarca. Emma ............................. 350 Abbinante. Caroline J ....................... 213 Abbott. Donald J ........................... 219 Abbott House. Inc.......................... 239 Abella. Martin. Jr ........................... 208 Abraham. Marie ............................ 336 Abrego. Elena ............................. 340 Ace Radiator Service ....................... 253 Ackermann. Bernice ........................ 294 Acosta. Luis ............................... 339 Action Office Supply ........... 230.259.262. 282 Acton. Stella ............................... 294 Adams. Allan D ............................. 340 Adams. Charles V ........................... 345 Adams. Darlene ............................ 273 Adams. Jacqueline .......................... 337 Adams. Nelson ............................. 224 Adams. Verril Couser ....................... 291 Adkins. Mary E ............................. 228 Ahart. Joan ................................ 347 Ahasic. Gary L., D.M.D. .................... 276 Aid to Retarded Citizens. Inc................. 269 Aiken. Helen E ............................. 295 Airco Welding Supply ...................... 219 Air Wisconsin .............................. 259 Akbaar.El. Amin ........................... 289 Akins. Beverly J ............................ 219

vii

viii Al.Misry. Isa Abd .......................... Alarcon. Jose .............................. Alarm Detection Systems .................... Albarran. Isaac ............................. Alber s Au tom0 tive ......................... Albright. Wanda ........................... Aldrich. Jeffry A ............................ Aleman. Frank ............................. Alexander Management ..................... Alexander. S.M., & Co ...................... Alimanestiano. Christine .................... Aliprandi. Sharon A ......................... All American Decorating Services. Inc ......... Allbritton. Leon Dean ....................... Allendale Association ....................... Allen. D . Arlene ............................ Allen Foods. Inc ............................ Allen. Nancy L.............................. Alliance Airlines ............................ Allison. Tina M ............................. All Pro Equipment ......................... Allstate Insurance .......................... Allsteel. Inc ................................ All Suburban Dental Center ................. Alters. Paula ............................... Althoff. Agnes Ann ......................... Althoff. Edward C .......................... Altieri. Jack H .............................. Alton YWCA ............................... Alvarado. Peter ............................ Ambulance Service Corp .................... Amedeo. Evelyn L .......................... American Academic Suppliers ............... Americana Healthcare Center of Champaign . . Americana Healthcare Center of Danville ..... Americana Healthcare Center of Decatur ..... Americana Healthcare Center of Galesburg .... Americana Healthcare Center of Joliet ........ Americana Healthcare Center of Kankakee .... Americana Healthcare Center of Macomb ..... Americana Healthcare Center of Moline ......

279 353 255 352 268 212 346 352 267 288 351 353 208 330 261 249 285 291

251

222 287

222

271 254 229 226 295 227 276 232 259 213 276 237 237 237 237 237 237 237 237

ix

Americana Healthcare Center of Normal ...... 237 Americana Healthcare Center of Peoria ....... 237 Americana Healthcare Center of Rochelle ..... 237 Americana Healthcare Center of Urbana ...... 237 Americana Health Care Corp ................ 237 American Bar Association ................... 272 American Computer Supply ................. 273 American Druggists' Insurance Co., The ...... 213 American Family Insurance .............. 209. 230 American Foundation For The Blind .......... 200 American Industrial Supply .................. 258 American Mathematical Society .............. 260 American Red Cross ........................ 262 American Scientific Products ................ 251 American White Goods Co ............... 269. 272 270 Amlings Flowerland ........................ Amoco Oil Co......... 246.253.255.274.284. 287 258 Anand. Pramod K., M.D. .................... 211 Anchor Office Supply Co .................... Anderson. Adrian L ......................... 340 341 Anderson. Darren B ......................... Anderson. Dorothy ......................... 348 Anderson. Fannie M ......................... 219 Anderson. Hazel ........................... 342 Anderson. Jeanette ......................... 230 337 Anderson. Joan ............................. Anderson. Kevin M ......................... 220 216. 218 Anderson. Lynn ........................ 327 Anderson. Mary Jane ....................... 332 Anderson. Phillip ........................... 352 Anderson. Reginald ......................... Anderson. Rosie L .......................... 352 Andrews. Jesse ............................. 215 230 Apke. Michael ............................. 236 Applegate Inn. Inc .......................... Appleton. Michael .......................... 227 328 Araiza. Juan C .............................. Arc/Ric ................................... 311 Archdale. Robert ........................... 353 Ariganello. Carol ........................... 328 210 Arkin. Jerome ..............................

X

Armitage Hardware ........................ 272 Armour. Arnetta ............................ 349 Arnold. Louise ............................. 331 Aroca. Maria Luz ........................... 343 Arrow Equipment Co ....................... 252 Arroyo. Ana Doris .......................... 335 Arroyo. Victor ............................. 327 Arteaga. Amador ........................... 330 Arteaga. Manuela Almaraz .................. 330 Arthur. Velma ............................. 215 A & R Welding Supply ...................... 286 ASC Medicar Service. Inc ................ 260. 263 Ascot Pharmaceuticals ...................... 263 Ash.Shaheed. Rashidah ..................... 329 Ashton. Julie ............................... 215 Associated Anesthesiologists of Springfield .... 256 Associated Radiologists of Joliet ...... 227. 267. 311 Associates in Adolescent Psychiatry ........... 297 Associates in Professional Psychology ......... 310 Association for Individual Development ...... 261 Atchison. Pamela ........................... 218 Atkinson. Mary E . (Hall) .................... 351 Attaway. Kenneth M ........................ 255 AT&T Consumer Sales & Service ............ 266 Atterberry. Geraldine L...................... 294 AT&T Information Systems ......... 224.246. 247 Augustana Hospital ..... 299.303.307.308.309. 310 Augustana Hospital & Health Care Center ..... 309 Austin Radiology ................... 227.253. 268 Austin Radiology Assoc.................. 269. 272 Austin. Reginald ............................ 210 Avant-Garde Computing. Inc................ 282 Avendorph. Fred ........................... 211 Avitia. Arnold0 ............................. 289 Ayers. Sandra .............................. 217 Azar. Philip. Dr., Estate of. .................. 241

B

Baber. Riaz A., M.D ................. 228.229. 310 Bachar. Tom ............................... 352

xi

Badgley. Brad L. & Magna Trust Co .......... 232 Bahena. Estela Baca ........................ 341 Bailey. Carolyn ............................ 332 Bailey. Walter .............................. 348 Baird. Donna .............................. 268 Baker. Curtis B ............................. 334 Baker. Iola ................................. 349 Baker. Jacqueline K ......................... 225 Baker. JohnHenry. Jr ....................... 329 Baker. Patricia ......................... 241. 332 Bakr. Mohammed .......................... 346 Balch. James W............................. 341 Bales. Carey L.............................. 335 Bales. Pamela .............................. 210 Ballard. Leo L .............................. 295 Ballentine. Alonzo. Jr ........................ 331 Bank. Helaine .............................. 228 Banks. Cherease Duncan .................... 345 Banks. Murdie ............................. 344 Baranda. Jorge ............................. 331 Barbee. Sheri Mae .......................... 346 Bardhi. Zenel .............................. 340 Barilla. Rosina W........................... 261 Barjakterevic. Zagorka ...................... 335 Barker. Linda .............................. 221 Bark. Judith A .............................. 233 Barksdale. Robert .......................... 342 Barnes. Dorothy M .......................... 350 Barnes Hospital ............................ 284 Barnes. Lenora F ........................... 296 Barnes. Romelvin ........................... 336 Barnett. Geney R........................... 336 Barr. Alma 0............................... 279 Barrett. Kevin S............................. 351 Barrientos. Justo R .......................... 342 Barrington Orthopedic Spec................. 261 Barry. Mary Anne .......................... 261 Barry. T.G. Electric ......................... 266 Bartelt. Dorothy ............................ 213 Barth. Daryl. C.P.O. ........................ 287 Bartlett. Diana ............................. 343

xii

291 Barton. Robert 0............................ Bartos. Penny Sue ........................... 226 Bass. Donna ............................... 344 Bass. Richard M., M.D. ..................... 282 Batavia Concrete. Inc ....................... 280 Bates. Lonnie .............................. 228 B & A Travel Service ....................... 263 Battle. Alberta ............................. 347 Baugh. Diane .............................. 218 Bayston. Esther ............................ 218 Beaman. Stephen D ......................... 252 Beatty Televisual ........................... 260 Beavers. Leon .............................. 336 Beck's. Inc ................................. 258 Becker. Ronald L ........................... 212 Beckley-Cardy Co.............. 259.264. 267. 274 Beckman. Donald .......................... 210 Beckman. Edward J ......................... 332 Beedle. Norma J ............................ 231 Beeks. Cordia H ............................ 235 Behrens. Sheila ............................. 219 . Beldon Manor .............................. 237 Belich. Paul P., Jr .................:......... 251 Bell. Alvin ................................. 340 Bellas. Alice ............................... 345 Bellas. Rex ................................. 345 Bell. Deborah Ann .......................... 331 Bell. Edward .............................. 339 Bell. Eunice ................................ 347 Bellinger. Poppy ........................... 216 Bell. Lucille ................................ 341 Bell. Regina ................................ 218 Bell. Rufus .................................. 348 Belsan. Diane .............................. 328 Belvidere Manor Nursing Home .............. 238 Bend Orthopedic & Fracture Clinic. P.C. ..... 235 Benjamin. Curtis ........................... 341 Bennett. Charlestine ........................ 273 Bennett. Robert R ........................... 271 Benoit. Donna S............................ 216 Benson. Moses ............................. 212 Bente. Laurie M ............................ 344

xiii Benton & Assoc............................. 233 Berg. Patricia G .............................. 257 Berg. Roger ................................ 209 Berge. William C........................... 209 Bergen Construction Co..................... 277 Bergquist. Peter ............................ 273 Berman Moving & Storage .................. 230 Bernahl. Cindy Ann ......................... 336 Bernard. John W............................ 214 Bernklau. Diana ............................ 287 Berry Bearing Co........................... 286 Bertocchi Plumbing. Inc ..................... 273 Berumen. Abelino .......................... 342 Berwyn Cicero Council on Aging ............. 245 Best. Bernard T............................. 208 Bethany Home ......................... 280. 310 Bethesda Hospital .......... 299.301.302.304. 305 Bethesda Lutheran Home ................... 256 Bethphage Community Services.............. 265 Betty. Evelyn .............................. 294 Beverly Farm Foundation .................... 258 Bey. Josie ................................. 344 Bickham. Jessie ............................ 223 Bierman. John ............................. 220 Billups. Ronnie ............................. 327 Binstein. Harold ............................ 230 Binstein. Janice ............................. 230 Biondi. Richard J ........................... 231 Birchwood Nursing Home. Birchwood. Inc.... 240 Bismarck Hotel .................... 228.248. 252 Bivens. Marion Evonne ..................... 352 Blackburn. Jane ............................ 346 Black. Richard ............................. 230 Blackshear. Vernon ......................... 31 5 Blackstone Hotel ........................... 262 Blackwell. Norma .......................... 341 Blair. Beverly Jan ........................... 334 Blake. Kent T.............................. 219 Blankenship. E., & Co ....................... 285 Blanton. Eula Mae .......................... 348 Blare House. Inc ............................ 246

xiv

310 Bloomington Hospital ....................... Bloomington Manor Nursing Home ........... 239 Bloom. Joseph C ............................ 208 Blount. Cleo ............................... 347 Blue. Cynthia Taylor ........................ 229 Blue Island Radiology Consultants. S.C. ....... 277 Blu Fountain Manor Nursing Home ........... 236 Bobek. Mary Ann .......................... 215 Boblick. William E., Jr., M.D................. 248 Boblick. William E., M.D. ................... 245 Boehringer Ingelheim ....................... 232 Boer. Ilse .................................. 348 Bogan. Zernial M ........................... 340 Bojarski. Lawrence J ........................ 343 Boll Painting & Decorating .................. 263 Bok. Lee .................................. 238 Bond County Health Department ........ 251. 278 Bonifas. Paula M............................ 293 Booker. Ruth 0............................. 296 Boone. Betty J .............................. 327 Bosie. Kenneth W ........................... 213 Bounds. William B .......................... 247 Bourbonnais Avenue Corp ................... 237 Bowerman. Jo Ann ......................... 226 Bowman Distribution ....... ............... 253 Bown. Clemma E ........................... 293 Boyd. Calvin ............................... 216 Boyd. Elaine. Creche ....................... 214 Boyd. Inez ................................. 347 Boyd. Joe ................................. 346 Bozis. Constantinos ......................... 333 Bracy. Ethel ............................... 353 Bradley Supply ............................ 256 Bradley. Tina .............................. 225 Bradshaw. William B ........................ 333 Brahler Tire Mart ........................... 283 Brake. Donald R., Jr ...............: ........ 262 Braley. Thelma Eileen ...................... 219 Brandon. Matthew. Jr ....................... 331 Brankey. Genevieve M ...................... 293

r-

xv

Bran. Otto ................................. 339 Branson. Dorothy .......................... 347 Brawner. Lillian ............................ 351 Brazier. Cleverine .......................... 329 Brello. Linda ............................... 334 Brent. Carmen ............................. 343 Brent. John P ................................ 337 Brethren Home of Girard. Illinois. Inc ..... 237. 240 Brewer. Joe ................................. 241 Breyer. Richard ............................ 339 Briarcliff Manor Nursing Home ............... 239 Brice. Keith ............................. 327. 329 Bridge. Margaret M ......................... 341 Bridgeport Nursing Home ................... 240 Bridgeview Convalescent Center ............. 239 Brighton Building Maintenance Co............ 208 Brison. Claudia ............................. 255 Britton. Kelly Ann .......................... 208 Broadway Management Corp................ 237 Broeking. L . E .............................. 264 Brogan. George E ........................... 231 Brokaw Hospital ............................ 223 BroMenn Healthcare ........................ 223 Brooks. Brian .............................. 330 Brooks. Edward ............................ 353 Brooks. Maynolia., ......................... 328 Brougher. Nancy ........................... 228 Browder. Kathy ............................ 353 Brown. Albert .............................. 346 Brown. Carolyn L ........................... 353 Brown. Christine M ......................... 331 Brown. Curtis A ............................ 330 Brown. David L............................ 233 Brown. Dinae S ............................. 346 Brown. Dorothea L ......................... 347 Brown. Douglas W .......................... 209 Brown. Edward F .......................... 344 Brown. Emma M ........................... 343 Brown. Herbert ............................ 338 Brown. Jimi ............................... 222 Brown. Johnny Mack ....................... 345

xvi Brown. John Wesley ........................ Brown. Louise ............................. Brown. Michael Edwin ...................... Brown. Nathaniel ........................... Brown. Patricia M .......................... Brown. Robert D., Sr........................ Brown. Vanessa ............................ Brownie. Doris Norma ...................... Browning. Karen Susan. M.S.W. .............. Bruce. Brenda K ............................ Brue. Deborah ............................. Bruetman. Martin E., M.D. .................. Brunkella. Carol ............................ Brunkhorst. Mary ........................... Brunnworth. Marilyn B ...................... Brunworth. Don P .......................... Bryant. Azalee ............................. Buchanan. Bryan Eugene .................... Buchanan. Michael ......................... Buchanan. Susanna F., M.D. ................. Buckeye Gas Products ...................... Buckner. Sandra M .......................... Budget Rent a Car Budney. Leonard ........................... Buehler. Jennifer S.......................... Buehler. Rance V........................... Buehring. Donald .......................... Bufkin. Carolyn ............................ Bufkin. Oliver .............................. Buganski. Daniel ........................... Builders Plumbing Supply Co ................ Bullock. Albert ............................. Bundren. James ............................ Bundren. James E ........................... Bundy. Dean ............................... Bundy. Karen .............................. Bunge's Tire Center ........................ Bunton. Clarice M .......................... Buojac. Frank .............................. Burchell. Jerry L............................ Burchette. Antonio ......................... Burch. Florence ............................

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0

209 339 332 344 332 209 331 335 278 338 291 264 207 220 225 227 342 353 214 310 285 336 263 345 218 218 225 344 344 353 280 289 349 220 87 87 253 217 330 344 329 341

xvii Burd. David A .............................. Bureau of Business Practice .................. Burgin. Herbert C., Jr ........................ Burke. Helen L............................. Burkett. Preston ............................ Burkhardt. Fern ............................ Burks. Dennis ................................ Burnette. Lucille ........................... Burnham Terrace Associates .................. Burns Properties ............................ Burnstine. Richard C., M.D. ................. Burrell. Harold B........................... Burrell. Lee M .............................. Burt. John M ............................... Burton. Martha ............................. Bush. DeLois Clark ......................... Buss. Timothy D ............................ Butler. Annie ............................... Butler. Beth R.............................. Butler. Deosie .............................. Bynum. Jossie .............................. Byrd. John A ............................... Byrne. Robert ..............................

C

353 287 336 221 293 216 289 327 241 287 255 347 292 291 352 343 285 347 208 346 350 331 220

Cabay. Ben B., Construction Co.............. Cadillac Glass Co........................... Cailles. Erlinda ............................. Calabreese. Joseph J ........................ Calcara. Virginia ........................... Caldera. Manuel Rodriguez .................. Caldwell. Kevin L., D.D.S. .................. Callaghan & Co............................ Callahan. Nancy J .......................... Callese. Josephine .......................... Calloway. Eva ............................. Calumet Township Youth Services ........... Calvin. Dorothy ............................ Cambero. David H .......................... Cambron. Ruth ............................

249 273 348 342 225 330 263 257 222 338 345 343 349 219

251

xviii

241 Camelot Manor ............................ Campbell. Bev ............................. 216 Campbell. Beverly ......................... 216 Campos. Carmen ........................... 338 150 e Canlas. Arsenio L., M.D. .................... Cannata. Susan ............................. 214 Cannon. Roger ............................. 332 Cannonball. Inc ............................ 280 Capelle. Kathy ............................. 212 Capital City Paper .......................... 254 Capitol Group ............................. 254 Capitol Ready-Mix ......................... 225 Carasso. Ben. M.D. ......................... 270 Caraway. Dorothy .......................... 350 Carbonaro Construction Co .................. 217 Cardamone. Michael ........................ 211 Cardinal Glass Co ........................... 278 Cardona. Frederico ......................... 337 Career Track. Inc ........................... 284 Care Management. Inc .................. 238. 239 Carey's Furniture Co., Inc ................... 284 Carger. James. Ph.D. ....................... 252 Carle Clinic Assn ................... 241.242. 281 252 Carley. James A., D.D.S. .................... Carlson. Janet R ............................ 222 Carlson Roofing Co ......................... 244 Carlton House. Inc ...................... 239. 240 Carmean. Olga M ........................... 225 Carpentier. Jeffery ......................... 220 Carpetville ................................ 266 Carr. Gary ................................. 294 Carr. Rollie ................................ 329 Carr. Velma V .............................. 294 Carraway. Victor Lamont ................... 273 Carreira. Rafael. M.D. ...................... 282 Carrell. Anthony ........................... 335 Carrillo. Eduardo .......................... 289 Carroccia. Ubaldo .......................... 294 Carroll Seating Co .......... 255.271.273.286. 287 Carse. Victoria J ............................ 208 Carter Bros . Lumber Co..................... 288

xix Carter. Carolyn ............................ 346 Carter. Henry Lee .......................... 272 Carter. John ............................... 221 Carter. Kevin B ............................. 256 Carter. Lavergne J .......................... 293 Carter. Ronnie G ........................... 348 Caruthers. John A ........................... 347 Caryle Healthcare Center. Inc ................ 236 Casa Central ............................... 249 Casey. Daniel .............................. 335 Caso. David ............................... 235 Cassidy. Virginia ........................... 223 Castellano. Ronald Angelo ................... 351 Castronovo. Angelina ....................... 345 Catholic Charities of Chicago ............ 263. 268 Catholic Social Service of Peoria ............. 284 Catholic Social Services ..................... 245 e Catlett. Deborah Woodhouse ................ 99 Causey. Connie M .......................... 343 Cavaletto. Kathleen M ....................... 225 Cavaliere. Frank ........................... 329 Cavett Pharmacy ........................... 281 C.D.S. Office Systems ...................... 286 Cenco Care Corp........................... 237 Central Audio-visual ....................... 253 Central Baptist Children's Home ............. 267 Central Corridor Communications ........... 275 Central East Alcoholism and Drug Council .... 241 Centralia Care Center Nursing Home ......... 238 Central Illinois Medicare .................... 228 Central Illinois Public Service Co............. 286 Central Office Equipment ................... 258 Central States Prevost ....................... 230 Central Telephone Co....................... 259 Cesario. Gregory J .......................... 344 Chaddock ................................. 279 Chaffee. Adlenen ........................... 345 Chakrobortty. Maitrayee. M.D. .............. 286 Chalem. Shirley F........................... 211 Chambers. Bobbie .......................... 332 Champaign Americana. Inc .................. 237

I

I

xx Champaign Children's Home ................ 259 Champaign Convalescent Center Nursing Home ................................... 236 Champ. Farla J ............................. 227 Chanen's. Inc ................... 270.273.274. 275 Chaney. Albert ............................. 343 Channel. Esther ............................ 259 Charlson. Lawrence ........................ 246 Char Management .......................... 255 Chatman. Raymond ........................ 328 Chavez. Mary Ann ......................... 232 Chehreh.Tab. Teymour ..................... 329 Chemical Waste Management ................ 263 Chenore. Wesley J .......................... 294 Chew. Anthony ............................ 208 Chew. Bertha .............................. 231 Chicago Airlines ............................ 286 Chicago College of Osteopathic Medicine ..... 228

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Chicago Osteopathic Hospital ............ 305. 306 Chicago Osteopathic Medical Center ..... 300.302. Chicago Suburban Express

Chicago Tribune

Chicago Medical Equipment

................ 254

.304.305.307. 308

.............................

250 Chicago University Hospital ............. 228. 265 Chicago University Medical Center ....... 245. 246 Chicago. University of. Hospital ..... 224.230. 250 Chicago. University of. Medical Center ....... 218 Childers. Arthur ............................ 295 Children's Habilitation Center ........... 264. 269 Children's Home & Aid Society of Illinois ..... 277 Children's Memorial Hospital ............ 217.219. ......................... .301.303.304.305. 306 Childress. Tony ............................ 219 Child Sexual Abuse Treatment & Training Center of Illinois ......................... 276 Chileda Institute. Inc ........................ 247 Chinoy. G . K ............................... 256 Chiodo. Catherine .......................... 213 Chipman. Denise ........................... 215 Chiu. Chiu Ning ............................ 336

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254

xxi Choe. Yung Won ........................... 336 Choi. Young-Sik ............................ 339 Chorzempa. James J., D.D.S. ................ 251 Christian. Anna D ........................... 295 Christian. Edward .......................... 211 Christian Homes. Inc ........................ 236 Christian Nursing Home .................... 2.36 Christie Clinic ................. 224.242.260. 261 Churchill. Betty ............................ 352 Churchman. Carol M.'. ...................... 226 Ciardiello. John ............................. 294 Cintron. Milagros ........................... 227 Cintron. Roberto ........................... 350 Citizens For A Better Environment ............ 205 City Care Center Nursing Home ............. 238 City Lighting Products Co ................ 273. .279 City of Wilmington ......................... 286 City Water. Light & Power .................. 245 Clanon. T . L ............................... 282 Clark. Charles E ............................ 335 Clark. Constance M ......................... 336 Clark. Erika ............................... 207 Clark. Erika K .............................. 352 Clark. Genevieve T ......................... 224 Clark. Jacqueline ........................... 214 Clark. Jake ......... i ...................... 214 Clark. JohnR .............................. 231 Clark. Josie ................................ 347 Clark. Leslie ................................ 214 Clark Products Co .......................... 256 Clark. Ralph C ............................. 331 Clark. Robert .............................. 224 Clausen Hardware ........................... 273 Claybourn. Jean Ann ....................... 223 Clay. Sally .................................. 331 Clearbrook Center ...................... 233. 261 Clearing Disposal .......................... 256 Clinch. Mary E ............................. 211 Clinic in Altgeld. Inc ........................ 285 Clinton County Coroner. David A . Moss ...... 267 Clinton Manor Nursing Home ............... 238

xxii Cloney. John E ............................. 251 CLSI. Inc .................................. 288 Coady. Ruby .............................. 222 Coal Belt Fire Equipment ................... 259 Coates. Charles. Jr .......................... 221 Cobb. James ............................... 348 Cobb. Joseph D............................ 211 Cobbs. Regina ............................. 332 Coburn. Loleta ............................. 335 Codex Corp ................................ 244 Coffeen. Marian ............................ 296 Cohen. Marcia ............................. 284 Coker. Adlean ............................. 345 Cole Chevrolet. Inc ......................... 209 Cole. Hazel ................................ 336 Cole. John ................................. 329 Cole. Lolita ................................ 338 Coleman. Carolyn .......................... 292 Coleman. Charlene ......................... 227 Coleman Clinic ............................ 285 Coletta. Robert J ........................... 231 Collado. Mary Ann ......................... 327 Colley Elevator Co ......................... 275 Collins. Carolyn Kay ........................ 337 Collins. Cynthia ............................ 216 Collins. Cynthia K .......................... 216 Collins. Dorothy L .......................... 347 Collins. Lelia ............................... 349 Collins. Maureen J .......................... 223 Collins. Simmie ............................ 341 Colon. Elizabeth ........................... 351 Colonial Coffee Service ..................... 257 Colonial Manor. Inc ......................... 237 Colorado. State of; Dept . of Law/ Central Collections ....................... 262 Columbia Books. Inc ........................ 274 Columbus. Cuneo. Carbrini Medical Center ... 310 Colvin. David .............................. 292 Combs. Jack ............................... 292 Commercial Mana ement. Inc............... 288 Commonwealth E ison Co .............. 217. 250

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xxiii Community Care Systems. Inc....... 231.278. 283 Community College Dist . 511. Board of Trustees. Rock Valley College ............. 282 Community College Dist . 508 ....... 241. 246. 258. Community College Dist . 508. Board of Trustees ........ 266.272.275.276.285.287. 288 Community Consolidated School Dist . 110 .... 287 Community Home Environment for Learning Project ......................... 270 Community Memorial General Hospital ....... 303 Community Service Center of Northern Champaign Co ........................... 257 Community Support Services. Inc ............ 2 0 5 Community Workshop & Training Center ..... 283 Complete Home Service-Home Care. Inc ...... 246 Comtech. Inc ............................... 263 Concurrent Computer Corp .................. 271 Conlin. Delorris ............................ 211 Conlon. Harriet ............................ 335 Connolly. Stephen J ......................... 282 Conrin. James .............................. 211 Conrin. James P., Ph.D. ..................... 261 Conroy. John T............................. 226 Consolidated Rail Corp ...................... 233 Constable Equipment Co........ 229.255.257. 259 Constance. Barbara Lou ..................... 219 Consultants in Neurology. Ltd ................ 276 Contacessi. Vincent ......................... 335 Contel Business Systems. Inc ................. 280 Contel Executone .......................... 280 Contel of Illinois ....................... 229. 258 Continental Group. Inc ....................... 267 Continental Manor Nursing Home ........ 238. 240 Continental Telephone Co ................... 255 Contreras. Alfonso .......................... 333 Conway. Charlene .......................... 331 Cook. Arthur .............................. 351 Cook. Cecile E ............................. 294 Cook. County of ........................... 219 Cook. Margaret Ann ........................ 294

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.................................

.266.269. 282

xxiv Cooks. Ernestine ........................... 218 Cooney. Dorothy F., M.D. .................. 211 Cooper Drug Co ............................ 286 Cooper. Edward ........................... 208 Cooper. Rodney ........................... 328 Copier Duplicator Specialists ........ 252. 253. 256 Corbett. J . M., Co .......................... 208 Coreas. Rodolfo ............................ 319 Corona. Maria ............................. 337 Corona. Miguel ............................ 335 Correa. Shirley ............................. 212 Corrections. Dept . of; Correctional Industries .................... 260 Corrections. Dept . of; Illinois Correctional Industries ......... 273. 277 Cortez. Rafael ............................. 334 Cory. Henry T............................. 345 Costas. Oscar .............................. 330 Cote. Bruce A ............................... 340 Cothren. Beverly L .......................... 227 Cotillion Ridge Nursing Center .............. 240 Cottengaim. Jeff . ......................... 291 Cotton. Clara ............................... 343 Cotton. Diane .......................... 251. 267 Cotton. Gordon W .......................... 337 Cotton. Sam ............................... 167 Coughlin. .Pamela .......................... 218 Coughlin. Pamela J ......................... 217 Council on .Aging. Berwyn Cicero ............ 260 Countryman. Margaret L .................... 211 Country Mutual Insurance Co ................ 208 Countryside Graphics ........................ 253 Country View Health Care Center ........... 238 Counts. Albert L............................ 348 Coupland. Robert .......................... 228 Covenant Children's Home .................. 256 Covenant Children's Home & Family Services . 280 Coventry Terrace .......................... 241 Coventry Terrace Nursing Center ............ 241 Covert. Carol .... ......................... 349

0

xxv Cowley. Don N ............................. 333 Cox. Gloria Ann ............................ 334 Cox. Marlene ............................... 208 Coyne. Margaret R .......................... 293 CPC Old Orchard Hospital ........... .-...... 258 Craft 81 Loesch ............................ 276 Cragin Dept . Store ..... : .............. : .... 269 Craig. Kathy J ....................... .'...... 340 Craig. Milan J .............................. 265 Cramer. Kathleen A ......................... 216 Crater. James M ............................ 231 Crawford County Convalescent Center. Inc . . . 240 Crawford Memorial Home Health Agency .... 279 Crawford Memorial Hospital ............ 305. 306 Craw f ord Mildred ......................... 210 Crawford. Murphy ......................... 230 Crawford. Tilly ............................ 230 Creative Travel Center ...................... 283 Crenshaw. Cora ............................ 351 Crest View Nursing Home .................. 236 Crevoisier. Aaron R .......................... 220 Crisp. William M ........................... 219 Criswell. Chris T ........................... 281 Croce. Elena ............................... 337 Crockett's Coin-op ......................... 224 Croft Motor Co............................. 259 Crompton. Annamae B ...................... 222 Crosby. Elsie .............................. 214 Cross. Annie ............................... 353 Cross. Curtis ................................ 353 Cross. Franklin H., Sr....................... 332 Cross. Leslie ............................... 332 Crossroads Ford Truck Sales. Inc ......... 249. 285 Cross. Robert E ............................ 249 Crown Manor Wencordic Enterprises Inc, ..... 240 Crumly. Terry L............................ 222 Crumpler Cartage Co.' ...................... 281 Crusse. Rheu ............................... 293 Cruz. Julian ................................ 351 Cuellar. Albert0 ............................ 338 Culligan Water Conditioning ................ 256 Cullins. Evelyn R ........................... 328

.

xxvi Cummings. Beatrice E ....................... Cummings. Macie L ......................... Cummings. Mark R .......................... Cunningham. Charles S...................... Cunningham. Judith L ....................... Curlovic. William .......................... Curriculum Publications Clearinghouse ....... Currie. Jeff ................................ Curtin Matheson Scientific .................. Curtis. Cheryl .............................. Curtis Industries ............................ Curtiss. Taylora ............................ Cushing. Frank ............................. Cypin. David .............................. Czech. Jerry ............................... Czech. Peter B .............................

D

335 212 210 240 240 209 253 208 274 232 244 220 254 352 352 349

D'Acquisto. Gina ........................... Dabek. Chester ............................ Dachs. Simcha ............................. Dallao. Clem .............................. Dallas. Danny .............................. Damera. Bhaskar Rao ....................... Dammann. Henry Eugene ................... Daniel. John ............................... Daniel. Ruth ............................... Daniels. Floret ............................. Danmar Products. Inc ....................... Danner. Anna .............................. Dantzler. Geraldine 0....................... Danville Area Community College ........... Danville Care. Inc . Nursing Home ............ Danville Electric Supply; Div . of Springfield Electric Supply Co............. Danville Manor ............................ Danville Pediatric Center .................... Dare. James L . by Betty Webb. Guardian ..... Dare. John .................................

353 260 265

293

351 252 350 228 341 341 271 295 337 254 239 267 238 257 338 338

xxvii Dargene. Mark J., Dr ........................ 245 Darling. LaWanda .......................... 337 Datagraphix ............................... 245 Datronics Management ..................... 268 Daugherty. John L.......................... 349 Davenport. Evelyn R .................... 207. 352 D avidson. Julie ............................. 352 Davila. Mirtelicia ........................... 349 Davis. Barbara A ........................... 353 Davis. Bettie L............................. 334 Davis. Bruce J .............................. 220 Davis. Christine ............................ 337 Davis. Dorothy J ............................ 344 Davis. Elizabeth A .......................... 226 Davis. Glenn Edward ....................... 342 Davis. James ............................... 185 Davis. Mary Ann ........................... 348 Davis. Othie L.............................. 208 Davis Painting ............................. 264 Davis. Thelma ............................. 344 Davis Truck & Auto Parts ................... 262 Davis. Van J ............................... 331 Davis. William C., Jr .................... 230. 231 Dawsons Handy Andy ...................... 245 Days Inn .............................. 263. 284 D & B Computing Services. Inc.............. 275 Dearth. Lucille E ........................... 225 Debes. Charles N ........................... 212 Dec-Art Designs. Inc ........................ 273 DeCarlo. Baldossare T...................... 328 DeCarlo. Vivian ............................ 328 Decatur Manor ............................. 238 DeFranco. Barbara ......................... 328 Delgado. Guillermo ......................... 350 DelGallo. Joanne .......................... 345 Dellaney. Robert J., I1 ...................... 294 Dellwood Tire & Auto Supply ............... 258 Delphi Associates. Inc ....................... 127 Del Pilar. Angelina Fernandez ............... 335 DelPrincipe. Gary .......................... 294 DeMenchaca. Anita Gomez .................. 334

xxviii DeMenchaca. Arminda Garcia ............... 334 DeMenchaca. Carmen ...................... 334 Demetzensky. Alex ......................... 335 Demmit. Pauline Bellfo ..................... 342 Demoss. Helen ............................. 353 Denaple. Mary L........................... 216 Denard. Gladys ............................ 276 Denker. Donna J ............................ 216 Dennis. Dinah D ............................ 210 Dennis. Sherry J ............................ 331 Denny. Diana R ............................ 288 Denson Shops. Inc .......................... 267 Dental Arts Laboratory. Inc .................. 277 Dental Group. Ltd .......................... 254 DePaul University .......................... 158 Desherlia. Claude M ........................ 227 Design Furniture & Systems of Illinois ........ 275 Desk & Door Nameplate Co ................. 275 DeSoto Grade School Dist . #86 ............... 274 Dethrow. Robert T ......................... 208 Deutsch. Lois B ............................. 296 DeVargas. JoAnne Spatz .................... 344 De Vivo. Helen ............................ 230 DeVry Institute of Technology 259 Dexheimer. Ruth L ...................... 286. 287 D & H Truck Parts ......................... 259 Di-Namic Copy Corp ....................... 264 Dias. Felix ................................. 334 Dias. Luciano. M.D. ........................ 273 Diaz. Ermida .............................. 293 DiBenedetto. Catherine M ................... 261 Dickens. Loretha ........................... 330 Dietrich. Alan .............................. 233 Dietrick. Barbara M ......................... 339 Dietz. R . E., Co ............................ 262 Digital Equipment Corp ..................... 277 DiPietro. Timothy M ........................ 291 Directions Metropolitan. Inc .................. 278 Dirksen House Healthcare ................... 236 Diviak. Kathleen ........................... 228 Diviak. John ............................... 228 Dixon. Essie B.............................. 329

...............

xxix Dixon. Mary Patricia ........................ Dixon. Sarah ............................... Dobbs. James E ............................. Dobos. Zoltan .............................. Doctors Clinic. Ltd .......................... Dodge City Toyota ......................... Dodge. Steven C ........................... Dodge. Wilbur W ............................ Doe. Jane .................................. Doe. John ................................. Dogan. Phil H., Sr.......................... Dolan. LaVelle ............................. Dolan. LaVelle M ........................... Dolder Electric Supply ...................... Doligala. Dennis T .......................... Dollinger. Kurt C ........................... Domagala. Dorothy ......................... Dominguez. Salvador ....................... Dominicks Finer Foods ..................... Domtar Industries. Inc ...................... Doolittle. Wesley E ......................... Doppelt. Alice ............................. Dore. Roger M ............................. Dorsey. Arthur ............................. Dossani. Zarina ............................. Dougherty. Beth J .......................... Dougherty. Thomas ......................... Douglas. Fred E ............................ Douglas. Kenneth ............................. Downers Grove Chamber of Commerce ...... Doyle. Helen .............................. -DoylePlumbing & Heating ......: ............ Doyle. Richard W ........................... Drake University ............................. Dreher. Bert ....................... 1 ........ Drennan. Patricia ........................... Dressel. Craig .............................. D.S.I. Micro. Inc ............................ Dudley. Steven .............................. Dudley. Walter ............................. Duffee. Donna .............................

328 219 329 335 301 287 293 254 12 12 335 217 216 255 211 340 216 343 252 275 344 343 233 220 345 334 334 344 226 265 292 257 330 249 296 220 348 279 332 228 216

xxx

0

Duffy. John ................................ Duffy. Thomas P........................... Dugar. Barbara J ........................... Dunbar. Limmie ........................... Duncans. Evelyn ........................... Duncan Supply Co.......................... Dunn. Alan N .............................. DuPage County Educational Service Region; Berardo De Simone. Supt.................. DuPage County Youth Home ................ Durbin. David M ........................... Durbin. Kenneth ........................... Durn. Grozie ................................ Duzinkiewicz. Stanley ...................... Dvorak. Ann ............................... Dye. Beverly A ...................... ; ...... Dyson. Dwight ............................. Dyson. Emma ............................. Dzurney. Andrew ..........................

E

143 328 212 348 336 268 334 262 280 341 209 327 349 335 215 344 347 348

Eastern Illinois University ................... 270 Easter. Robin M ............................ 226 Easter Seal Center. Inc...................... 245 Easter Seal Society of SW Illinois ............. 287 Eastman. Gregory Alan ..................... 345 East Moline Care Center Nursing Home ...... 238 East Moline Manor Nursing Home ........... 238 East View Manor Nursing Home. Inc . #2 ...... 236 Ebenreiter Woodworking Co............. 224. 246 Eberstadt. Edward O., Jr .................... 339 Ebsco Subscriptions .................... 251. 267 Echols. Dorothy ............................ 331 Eckel. Elmer B............................. 296 Econo-Car of Chicago .................. 245. 285 Economou. George E ....................... 333 Eddings. James ............................ 341 Ede. Linda Lee ............................ 349 Edmond. Joseph Allen ...................... 224

xxxi Edward. John. Construction Co.............. 277 Edwards. Algerine .......................... 350 Edwards. Bertha ........................... 341 Edwards. Bonita ........................... 226 Edwards. George ........................... 331 Edwards. Gregory .......................... 339 Edwards. James ............................ 217 Edwards. Lillian ........................... 210 Edwards. Louise ............................ 347 Effingham Builders Supply .................. 270 Egizii Electric .......................... 285. 288 Eguekwe. Sunny ........................... 255 Egyptian Concrete Co ....................... 280 Eichenauer Services. Inc ..................... 281 Ekco. Inc .................................. 222 Elgin Automatic Transmissions............... 267 Elgin Chrysler Plymouth .................... 248 Elgin Spring Co............................ 253 257 Elgin Super Auto Parts ...................... Eliff. Michael P............................. 343 Elim Christian School ....................... 282 Elliott Dist . Co ............................. 274 Elliott. Sandra ............................. 221 Ellison. Albert ............................. 341 ELLR Consultants .......................... 272 Ells. Edna E ................................ 333 Elmhurst Memorial Hospital ................. 230 Elmwood Manor. Inc....................... 239 El Valor Corp .............................. 261 Elwell. Scott ................................ 291 Emma. John ................................ 349 Emsco. Ltd ............................ 262. 263 Energy Absorption Systems. Inc.............. 276 Engelking. Julie ............................ 213 Engemann. Ethel M ......................... 349 Engle and Co.............................. 275 Engle. Shirley J ............................. 344 Englewood Hospital ......................... 223 Enlow. Penny .............................. 226 Epstein. Mark B............................ 231 Ernest. William ............................ 227

xxxii Escobedo. Maria G ......................... 335 Eslick. Emma E ............................ 294 Estrada. Carlos ............................. 351 Estrello. Niceforo R ......................... 331 Estrello. Rosalinda .......................... 331 Eubank. Carwin ............................. 281 Eureka College ............................. 241 Evancho. Cathy (Bradshaw) .................. 333 Evangelical Hospitals. Corporation ........... 303 Evans. Claretha ............................. 350 Evans. Havord ............................. 353 Evans. Johnny S ............................ 337 Evans. Julia M .............................. 328 Evanston Hospital .......... 302.303.304.307. 308 Evans. Yvonne .............................. 213 Everhart. Linda ............................ 336 Ewing. Caroline ............................. 339 Excelsior Youth Centers. Inc ................. 279

Exceptional Care & Training Center ..........

.

Executive Centers of America. Inc............ 240 Exxon Office Systems ........................ 245 Ezell. Randall D................. i ........... 351

258

F

Fabre. Francisco ........................... 336 Fagan. Colin J .......................... 224. 228 Fairchild. Lisa A ............................ 233 Fair Havens Christian Home. Inc............. 236 Fairview House Nursing Home .............. 239 Fairview Manor. Inc., Nursing Home ......... 237 Faith Products Corp ........................ 273 Faith. Vicki L.............................. 213 Falconetti. Lisa M ........................... 338 Famewo. Oladipo .......................... 337 Family Care Services ....................... 274 Family Care Services of Metro Chicago ....... 257 Fancher. Molly Kathleen .................... 353 Fantus Co .................................. 250 Farenga. Cynthia R ......................... 231

xxxiii Farmer's and Merchant's State Bank ........... 224 Farmer, Rosalie ............................ 269 Farrar. Anna M .............................. 294 Farrick. Roberta ............................ 291 Faxon Co., Inc............................. 226 Fayette County Hospital .................... 311 Feaster. Otis S .............................. 327 Fechheimer Brothers Co ................. 275. 277 Federal Express ............................ 267 Federal Express Corp ....................... 288 Federal Express. Revenue Recovery Dept ..... 276 Federal Signal Corp ........ 230.258.259.260. 263 Feldman. Howard W........................ 261 Fell. Bernard T............................. 346 Felts. Wayne ............................... 350 Ferguson. Catherine ........................ 352 Ferguson. .Deborah ......................... 213 Ferguson. Heather L........................ 346 Ferguson. Jeanette .......................... 335 Ferguson. Joshua R ......................... 346 Ferguson. Mary E ........................... 342 Ferguson. Rhonda .......................... 352 Fernandez. Elpidio ......................... 327 Ferree. Dorothy M..................; ....... 219 Ferrell. Reggie Edward ..................... 342 Ferris. Stanley ............................. 211 Fett. Karyn J ............................... 256 Fields. Claude L., Jr ......................... 336 Field & Shorb Co....................... 267. 270 Fields. Rosie Lee ........................... 338 Figolah. Raymond W........................ 219 Figueroa. Yvonne N ......................... 218 Finkel. Donald C........................... 275 Finnigan Corp.............................. 225 Firemen's Insurance Co . of Newark. New Jersey .............................. 213 First Nat'l Bank of Elgin & Maywood. etc..... 212 First National Bank of Blue Island ............ 208 Firth. Renata G ............................. 209 Fischer. Lynn .............................. 216 Fischer Wisnosky Architects ................. 263

xxxiv Fisher. Gertrude ............................ 293 Fisher. Patrick ............................. 340 Fisher. Roderick ........................... 227 Fisher Scientific Co ......................... 253 Fisher. Timothy L .......................... 226 Fitts. Betty J ............................... 224 Flagg. Carl ................................ 211 Flagg Construction Co .................. 274. 279 Flaghouse. Inc.............................. 269 Flax. Cynthia D............................ 338 Flecha. William ............................ 353 Fleischer. Martha A ......................... 224 Fleming. Charlese tta ........................ 330 Fleming. J . Robert. D.D.S. .................. 281 Fleming. Kenneth J ......................... 346 Fletcher. Shirley ............................ 341 Flores. Patricia ............................. 341 Flowers. Arie .............................. 344 344 Flowers. L . V .............................. Flowers. Mable ............................ 270 Flynn. Sandra A ............................ 252 Fogerty. Elizabeth .......................... 224 Fondulac Nursing Manor .................... 240 Fontalvo. Alvaro ........................... 222 Fontana. Joseph ............................ 214 Ford. Arthur E ............................. 296 Ford. Sharon Y ............................. 334 Ford. Timothy P ............................ 294 Forest Hospital ............................. 260 Forestry Suppliers. Inc ...................... 286 Forsberg. Tracy ............................ 213 Foster. Annette ............................. 350 Foster. Bernard ............................ 333 Foster. Etta P.............................. 293 Foster. Shirley F............................ 344 Fountain Bluff Fish Farm ................... 277 Fountainhead Development Corp............ 236 Four Fountains. Inc ......................... 236 Four Seasons Nursing Center of Elgin ........ 239 Four Seasons Nursing Center of Hazel Crest ... 239 Four Seasons Nursing Center of Joliet ........ 239

xxxv

0

-

Foust. Alma S .............................. 327 Foust. Carol ............................... 327 Fowler. James ............................. 228 Fowler & Novick ........................... 253 Fox. Josephine ............................. 266 Fragoso. Francisco ......................... 345 Franatz. Evonne ........................... 218 Franciscan Medical Center ...... 242.250.251. 310 Franciscan Sisters Health Care Corp .......... 221 Franco. Jose ............................... 332 Franco. Vicente ............................ 342 Frank. Gary ............................... 212 Franklin Hospital Skilled Nursing Care Unit ... 237 Franklin. Mary E ........................... 211 Frank Nutty. Inc............................ 36 Frank. Sheila Frances ....................... 212 Frazier. Wynetta A .......................... 349 Freeport Manor Nursing Home .............. 238 Freese. Joann A ............................. 225 Freitas. Richard N., Jr ....................... 335 Friedman. Harry ........................... 340 Friedman. Richard ......................... 220 Friend and Associates Consultants ............ 272 Friendship Manor. Inc ....................... 236 Friendship Villa. Inc ........................ 236 Friendship Villa Nursing Center .............. 236 Frieson. Gladys ............................ 292 Fritz. Rosann .............................. 346 Frykman. Evert M .......................... 296 Ft . Wayne Anesthesiologists ................. 232 Fulton County Case Coordination Unit ....... 233 Funk. Cleda 0............................. 235 Funk. LaFayette ........................... 235 Furlong. Barbara J .......................... 222

G

G's R Plumbing & Heating. Inc............... Gabel. Carry C ............................. Gables. Henrietta .......................... : Gadrim. John A ............................. Gaines. Steve ..............................

273 284

255

353 217

xxxvi Galassi. Sandra ............................. 230 Galena-Jo Daviess County History Museum ............................. 279. 280 Galesburg Clinic ........................... 251 Galesburg Convalescent Center Nursing Home 236 Galiotto. Mary ............................. 353 Gallaudet College .......................... 265 Gallo. Mario M., Dr ......................... 274 Galloway. Geraldine ........................ 293 Galloway. Troy A ........................... 332 Gallup. Catherine Jean ...................... 2% Gannaway. Martha ..................... 217. 218 Gannon. Michael. D.D.S. .................... 279 Gant. Troy ................................ 343 Garcia. Maria C ............................ 278 Garcia. Martin ............................. 334 Garey. Ivan M .............................. 296 Garman. Glenn ............................. 293 Garman. Zelma M.P. ........................ 293 Garrett General Aviation Services Co.......... 288 Garrett. Lois ............................... 331 Garrett. Michael ............................ 337 Gasperi. John B., Tool Co., Inc ............... 248 Gast International .......................... 262 Gates. Trynail .............................. 348 Gateway Motor Inn. Inc ..................... 270 Gathright. Bonnie .......................... 337 Gatlin. Elaine .......................... 345. 346 Gatlin. Eolando ............................ 233 Gatlin. Kathleen ............................ 51 Gatlin. Louise .............................. 233 Gatlin. Randy .............................. 51 Gatlin. Travis .............................. 51 Gault. Sandra L............................. 208 Gavin. Keith ............................... 146 Gayden. Albert ............................. 211 Geiser. John. Dr ............................ 277 Gelman. Andrew R ......................... 232 Gem Rexall Drugs .......................... 27 General Answering Service .................. 245

Garrett. Robert W ..........................

336

0

xxxvii General Casualty Co........................ 176 General Electric Supply Co.......... 226.249. 280 General Gas & Oil Co....................... 286 Gentil. Carlotta ............................ 348 Gentry. Terry W....1 ....................... 349 Geodimeter. Inc............................ 267 George. Janie .............................. 338 Georges. Pete. Chevrolet. Inc................ 248 Georgetown Manors. Inc. Nursing Home ....... 240 Gerhold. Walter. M.D. ...................... 232 Germany. Carla M .......................... 332 Gerstenecker. Ne11 .......................... 338 GFE. Inc............................... 253. 255 Ghani. Sameer .............................. 333 Gholston. Bruce ............................ 233 Giampoli. Frank J ........................... 231 Gibbons. Mary Elizabeth .................... 342 Gibbs. Charlene ............................ 220 Gibson. George R., Chevrolet. Inc............ 249 Gibson. Joseph ......................... 231. 339 Gibson. Ronald ............................ 342 Giffin. Gary D .............................. 292 Gilbert. Kathy A ............................ 336 Gildeo. Lynne L............................ 337 Gillespie. Cadigan & Gillespie ............... 243 Gillespie. City of ........................... 256 Gill. William T., Jr .......................... 340 Gilroy. Andrea ............................. 214 Gilroy. John W............................. 214 Giuffre Buick. Inc........................... 274 Glazer. Morton S ........................... 331 Glenkirk ............................... 248. 281 Glenwood Medical Group ............... 229. 258 Gliottoni. John. Jr........................... 272 Global Computer Supplies .............. ; 228. 2 2 6 Global Equipment Co....................... 274 . Globe Glass & Mirror ................... 235. 283 Globe Office Supply Co..................... 285 Gluick. Hilma J ............................. 295 Glusak. Mary L............................. 211 GM Audio Visual Service .................... 252 Gnade. Gerard R., Jr., M.D. ..... 255.259.264. 274

xxxviii

Godina. Rafael J ............................ 350 Godinez. Nick R ............................ 329 Godinez. Ricardo A ......................... 289 Goff. Roy ................................. 343 Gold. Audrey .............................. 293 Goldberg. Efraim .......................... 265 Golden Circle Senior Citizens ................ 285 Golden. David ............................. 332 Goldman Assoc............................. 230 Gong. Sing ................................ 344 Gonzales. Frank F., Sr....................... 332 Gonzales. Marie ............................ 348 Gonzalez. Adolfo ........................... 333 Gonzalez. David ........................... 229 Goodman. Carolyn ......................... 334 Good Samaritan Nursing Home .............. 238 Good Shepherd Hospital .................... 305 Goods. Margaret ........................... 348 Goodwin. Sylvester ......................... 341 Goranson. Roger Richard .................... 329 Gordon. Brenda ............................ 235 Gordon. Colette. M.D. ...................... 276 Gordon. Ruby ............................. 225 Gotter. Bernice ............................. 293 Goudschaal. Stephen ........................ 334 Goudy. Wm . C., Elementary School .......... 279 Grady. Roger .............................. 241 Graham. Joseph S ........................... 340 Graham. Ray. Assn ...................... 228. 282 Graham. Robert Bruce ...................... 252 Grah. Donald .............................. 227 Grammer. Janelle M ........................ 221 Granderson. William ........................ 337 Grant. JoanneD ............................ 265 Graue Chevrolet ........................... 255 Graybar Electric Co ..................... 279. 281 Gray. Charles .............................. 293 Gray. Elizabeth M .......................... 224 Gray. James C .............................. 248 Gray Line of Chicago ....................... 250

xxxix

Gray. Walter. Jr ............................ Green. Bernice D ........................... Greenbriar Lodge Nursing Home ............ Greene. Wanda W.......................... Greenlee. Rosie ............................ Greenwood Manor Nursing Home ............ Grieser. Delbert ............................ Griffin. James M ............................ Griffith. John .............................. Griggs. David .............................. Grimsley Warren .......................... Grogan. Edwin L., M.D. .................... Gross Point Manor. Inc...................... Groves. S.J., & Sons. Co..................... Gruber. Frederick J ......................... Grudis. Bonnie ............................. Guerrero. Nicolas .......................... Guillen. Gilberto. Sr. Gilberto. Jr . Antonio R .. Estudillo. Bertha ............... Guimond. Mamie ........................... Gulich. Roger J ............................. Gulo. Michael F............................ Gulotta. John .............................. Guminski. Mitchell ......................... Gunn. Dorothy ............................. Gunning. Clifford G......................... Gupta. Raj. M.D. ........................... Gupta. Ramesh C........................... Gustaf son. Anna ............................ Gutierrez. Nestor. M.D. ..................... Guy. Casandra Leanne ...................... Guy. Margie ............................... Guyton. Penny A ...........................

.

. .

340 331 240 294 263 238 296 341 227 214 210 285 237 217 344 223 351

330 294 345 231 336 241 333 341 279 262 223 262 213 213 220

H

Haas. Jay D ................................ Haber. Irving .............................. Hagen. Neil B., D.D.S. ...................... Hagerud. Joyce ............................

222 241 262 334

xl

I [aglund. Donald 0......................... I [ahn. Ruth E .............................. I [ails. Mable ............................... I [aine. William R ........................... I [ale. Gwenn ............................... I [aley. Pauline J ............................ I [all. Christopher ........................... I [alleman. Roland .......................... I [all. Joseph S.............................. . I [all. Kevin ................................ I [all. Mark E ...............................

......................... ................... E .alstead. Marie ............................ I ramilton Chevrolet-Oldsmobile ............. E :amilton Protective Coatings. Inc ............ .amilton..Viola Jane ........................ I :ammyJohn ............................... E :ampton Nursing Manor .................... .ampton. Virgil A .......................... I :ancock County Nursing Home ............. E :ancock County Recorder .................. E :andy Auto Sales & Rentals ................. E .ange. Patricia ............................. E [anks. Stephanie ........................... E [anlon. Dwight ............................ E lanna. Edward Alan ....................... I .annah. Lester N ........................... E .annah. Mary ............................. E [annan Supply Co.......................... E Lanner. Ronald Q.......................... E .annon. Darla J ............................ E [ansen. Margaret .......................... I [ansen. Mark E., M.D. ..................... I [anvy. Mary .............................. E [aralampopoulos. Anastasia .................. i E [arbin. Alice .............................

Petty Cash Fund

E :allmark House Nursing Home .............. E .alloran. Zita M ............................ E .all. Rhona; Custodian Project Chance

I .alper. Mitchell R., M.D.

335 296 210 212 221 220 220 208 328 214 220 238 250 288 260 214 263

278

E [arbin. Diane Marie ........................

224 287 238 238 238 269 287 278 331 340 289 336 224 268 328 337 224 224 339 281 208 338

xlii Hawthorne Lodge of Hillsboro. Inc . Nursing Home ........................... Hawthorne Lodge of Pana. Inc . Nursing Home ........................... Hawthorne Lodge of Sullivan. Inc . Nursing Home ........................... Hawthorne Lodge of Watseka. Inc . Nursing Home ........................... Haymon. Anna ............................. Haynes. George E., I11 ...................... Haynes. George. 1 1......................... 1 Haynes. Wanda ............................ Hays. Junior E .............................. Haywood. Eddie B., Jr ...................... Hazelton Labs ............................. HBJ Beckley-Cardy ........................ Heacox. Warner L .......................... Head. Jennie B............................. Head. Samuel .............................. Heafey. Allan Remi ......................... Health Care Medical Foundation ............. Healy. Michael T........................... Heard. Alice ............................... Heard. Elmira ............................. Heaslip. Dennis J ........................... Heidelberg Eastern. Inc ..................... Heinz Construction. Inc ..................... Heinz. Rose E .............................. Helfrich. H . M .............................. Helix Hydraulic Service ..................... Helm. Caroline Elizabeth ................... Help At Home. Inc .......................... Helping Hand Rehabilitation Center .......... Helton. Michael H .......................... Hemphill. Jessie Mae ....................... Henderson. Idella .......................... Henderson. Virgil E ......................... Hendrix. Cora ............................. Henricksen & Co ........................... Henrotin Hospital .......................... Henry. Diane ..............................

240

240

240 240 276 290 170 283 219 334 261 265 327 340

340

330 267 279 334 344 246 278 224 344 275 284 343 286 249 347 334 212 328 339 269 229 346

xliii Henson Robinson Co........................ 258 Heritage Manor Nursing Home .......... 236. 240 Hermon. Manorama. M.D. .................. 267 Hermosillo. Daniel J ........................ 329 Hernandez. Dolores C....................... 337 Hernandez. Francisco ....................... 333 Hernandez. Rudy. Jr ........................ 333 Herndon. Marvin ........................... 351 Herrera. Libada ............................ 346 Herrin Realty. Inc ........................... 238 Herrmann. Karin ........................... 327 Herron. Maurice ........................... 212 Hertzberg. Esther. by Patrick Murphy. Guardian ................................ 330 Hewlett-Packard ........................... 278 Heyman. Millard A ......................... 293 Hibbler. Gloria ............................. 341 Hickman. Julia ............................. 220 Hickman. Luann ........................... 264 Hicks. Craig ............................... 294 Hicks. Daisy ............................... 342 Hicks. J . Ellis .............................. 265 Highland Manor Nursing Home .............. 238 Hildebrand. Rita C .......................... 294 Hildebrant. Fredric Martin .................. 327 Hildreth. Laura ............................ 341 Hill. Anita Kay ............................. 225 Hill. Denise ................................ 347 Hill. General A ............................. 333 Hillhaven. Inc.............................. 236 Hill. Jacqueline D ........................... 349 Hill. Larry ................................. 328 Hill. Mattie L., ............................. 339 Hill. Robert ................................ 333 Hillsboro Hospital .......................... 254 Hillside Terrace Intermediate Nursing Facility .................................. 238 Hilti. Annabelle ............................ 217 Hilton. Robert ............................. 215 Hinckley & Schmitt ......................... 257 Hines. Janet L .............................. 220

xliv Hinrichs. Rosemary ......................... 225 Hinsdale Hospital .......................... 310 Hinsdale Sanitarium & Hospital .............. 245 Hisek. Jeannette ............................ 281 HNU Systems. Inc .......................... 280 Hobyl. Waltraud M ......................... 337 Hock. Joseph .............................. 214 Hod Disposal Service ....................... 287 Hodge. Herbert ............................ 338 Hodyl. Edward ............................ 208 Hoefort. John W., Jr ........................ 231 Hoe Supply Co..................... 230.261. 284 Hoffman Co............................... 256 Hoffman. Loraine .......................... 330 Hoffman. Mark D .......................... 346 Hoffman. Patricia L ......................... 212 Hoff. Sherri ................................ 220 Hohulin Brothers Fence Co.................. 277 Holbrook. Jack A., Jr........................ 328 Holdman. Wendell ......................... 295 Holiday Inn., .............................. 233 Holiday Inn Riverfront ...................... 253 Holland. Susan K ........................... 342 Holliday. John ............................. 228 Holmes. Annie ............................. 345 Holmes. Marilyn ........................... 336 Holts. James R ............................. 340 Holy Cross Hospital ................ 219.302. 308 Holy Family Hospital ............... 251.253. 263 Holz. Kenneth A., D.D.S..................... 217 Homestead Convalescent Nursing Home ...... 240 Honeywell Information Systems ..... 265.281. 287 Hood. Cordell ............................. 349 Hood. Dale Dwayne ........................ 328 Hook's Drugs #708.......................... 248 Hopkins. Frank A ........................... 227 Hopkins. Kelly D ........................... 220 Horewitch. Bill ............................. 328 Hoskins. Linda ..................... 1 ....... 335 Hotel Pere Marquette ....................... 283 Hott. Eileen ............................... 215

xlv

210 I oughland. Lena ........................... .owe. Freddie ............................ 331 .ouse of Rental ............................ 260 -1.ovenga. Tamara Dee Cornel1............... 339 Iyoward Johnson Motor Lodge .......... 235.269. ........................ 272.274.276.280. 281 4 . Robert E .......................... -1loward. 263. 279 I:oward Uniform Co .................... 219 I-1.owe. Leaffie P: ............................ I3iowell. Mark E ................i ........... 336 219 I3!owe. Myra Doris .......................... 222 I3[owland. Elaine ............................ 337 I-1[oybl. Waltraud M ......................... 209 I4.oyle. Harold .............................. 13[oyleton Children's Home .............. 246. 266 340 Id[oyne. David .............................. 260 I3iQ Printers ................................ I3[romeck'sCourt Reporters .............. 232. 261 I-1[romeck's.Diane. Court Reporters ........... 266 308 13hang. Jou.Nan. M.D....................... 256 I3hang. L. I., M.D............................ 214 I4[ubbard. Delores .......................... .................... 292 I3[ubler. Laura .......... .266 I3[udson. Grace .............................. 346 I3[uertas. Carlos ............................ 327 I3[uetson. Linda ............................. 218 I-1[uff. Alfred ................................ 350 I3[uff. Linda ................................. I-1[ukic. Bajro ............................... 334 I-1hman Resources Center of Edgar & Clark Counties ................... 245 I-1!uman Resources Development Institute ..... 258 I3iumphrey. Robert E ........................ 292 I-1[unter. Audrey ............................ 353 330 I-1.unter. Earlene ............................ I3[unter. Lubertha ........................... 333 328 I-1:urn. Ethel J ............................... 212 I-1hrrelbrink. Joann .......................... 293 I-1[urst. Margaret E ........................... 350 I3.ussain. Shahid ............................. Lyatt Lodge ............................... 285 II

xlvi Hyde Park Nursing Center. Inc............... 239

I

Illinois Bell Communications ................. 269 Illinois Bell Telephone Co ........... 250. 252. 253. ............................ 262.269.270. 277 148 Illinois Constructors Corp .................... Illinois Correctional Industries ........... 276. 282 Illinois Dept . of Public Aid .............. 268. 280 Illinois Dept . of Public Aid; Clarence Golden. Petty Cash Custodian ............. 288 Illinois Electronic Business Equipment ........ 259. .................................... 279. 284 Illinois Health Care Assoc .................... 217 Illinois Masonic Medical Center ..... 213.214.215. ............................ 227.228.299. 300 221 Illinois National Bank ....................... Illinois State Bar Association ................. 233 Illinois. State of ............................ 243 Illinois State Toll Highway Authority ......... 257 Illinois State Trust Co ....................... 1 Illinois Teachers' Retirement System .......... 221 Illinois Theatre Center ...................... 268 Illinois University Hospital .................. 260 221. 264 Illinois. University of ....................

Illini Welding Supplies. Inc ..................

Iberg. Arthur T............................. 295 IBM ............. 232.233.243.246.254.255.266. ............ 267.269.270.271.272.273.277. 287 279 Ideal Alarm & Signal Co..................... 246 Ideal Heating .............................. Igini. John P., M.D. ......................... 270 Ill-Mo Welding Products Co ................. 249 252 Illini Fire Equipment ....................... Illini Moving & Storage. Inc .................. 265 281 Illini Power Products ....................... Illini Supply. Inc . . . 231. 254. 258. 275. 278. 283. 288 Illini Union Bookstore ....................... 281

209

xlvii Illinois. University of; Board of Trustees ................ 262.270. 285 Illinois. University of. Central Stores .......... 265 Illinois Valley Business Equipment ........... 261 Illinois W esleyan University ................. 282 Imburgia. Dolores T ........................ 333 Inchingolo. Michael ......................... 348 Infanti. Mark P ............................. 337 Ingalls Memorial Hospital ........... 256. 274.306. Ingerson. Paul J., Jr ......................... 348 Ingold. Brenda ............................. 227 Integrated Business Systems ................. 271 Integrated Development & Manufacturing Co........................ 272 International Business Machines .............. 285 International Salt Co ........................ 276 Iroquois Memorial Hospital .................. 282 Irvin. Vada ................................ 296 Isaac. William L ............................ 289 Isberner. Lori Anne ......................... 211 Issani. Mubarak Ali ......................... 350 ITT Courier Terminal Systems ........... 232. 255

J

............................

307.308.309. 310

Jablonski. Avril Jane ........................ Jablonski. Diana ............................ Jacinto. Epifanio ........................... Jackimiec. Rose ............................ Jackson. Francine .......................... Jackson. Kaaren ............................ Jackson. Mary ............................. Jackson. Melvin ............................ Jackson. Monda ............................ Jackson. Morris Adonis Shem. Rev ............ Jackson. Richard ........................... Jackson. Robert O., Jr ....................... Jackson. Rochelle .......................... Jackson. Shelby ............................ Jackson. William Mack ......................

342 338 336 223 342 331 331 328 331 227 289 327 335 347 332

xlviii Jacobazzi. Nicholas J ........ ; ............... Jacobs. Bill. Motor Car Co., Inc .............. Jacobs. Helen .............................. Jacobs. Linda C............................ Jager. William ............................. Jaggers. Ruth .............................. Jagmin. Helen M ........................... Jahnke. Joan B............................. James. Elaine .............................. Jamison. Daniel ............................ Jansen. Virginia ............................. Jarvis Office Products ...................... Jaskowiak. Minaflor Y ....................... Jaterka. Richard ............................ Jaworsky. Michael .................: ........ Jedkins. Airlane ............................ Jefferson. Diana ............................ Jennette. George ........................... Jensen Mechanical Contractors. Inc ........... Jensen. Tamela ............................. Jerne.Duffy. Jacqueline ..................... Jezuit. Helen ............................... Jiggetts. Betty Jean .......................... Jodlowski. Alice ............................ Johanssan. Gilbert .......................... Johns. Karen ............................... Johnson. Antonio ........................... Johnson. Barbara J .......................... Johnson. Bobby ............................ Johnson. Booker T.......................... Johnson. Clinton ........................... Johnson County Asphalt. Inc................. Johnson. Dale R ............................ Johnson. David ............................ Johnson. Dianna ............................ Johnson. Frankie Mae ....................... Johnson. Hazel G ........................... Johnson. James J ............................ Johnson. James Kevin ....................... Johnson. Kathleen .......................... Johnson. Larkin .............. : .............

327 285 340 222 21 219 295 344 336 217 226 264 211 131 214 343 350 208

286

221 339 212 348 330 334 349 327 353 228 36 273 344 339 343 295 282 330 222 330

xlix ohnson. Larry Leo ......................... ohnson. Laura S ........................... :. ohnson. Leonard ........................... ohnson. Lila R ............................. .ohnson. Lula Mae .......................... ohnson. Mary K ............................ ohnson. Milton R ............................. ohnson. Patricia L.......................... .ohnson. Rebecca S ......................... .ohnson. Ronette .... ...................... .ohnson. Ruth Mae ......................... -ohnson. Susie ............................. 'ohnson. Terry ............................. 'ohnson. Tyrone ........................... -ohmton. Jodi J ............................. .ohmton. Luella M .......................... oliet Americana. Inc ........................ 'oliet Audio Vestibular Labs ................. oliet Junior College ........................ -oliet Spring. Inc............................ -olietSurgery & Health Care ................ 'ones. Asa ................................. 'ones. Carrie S............................. .ones. Delores 1 ............................ 'ones. Edward ............................. 'ones. Estelle .............................. 'ones. Gregory T ........................... .ones. Lois ................................. 'ones. Marvin L............................ .ones. Mary ................................ .ones. Michael J ............................ -ones. Ralph E., Rev ........................ -ones. Robert .............................. -ones. Sheila ............................... .ones. Sidney .............................. .ones. Susan E .............................. -ones. Walter Amir. Jr ....................... .ones. William H ............................. 'ones. Woodroe ............................ .oneson. Eugene H .......................... ordan. Ann ............................... ordan. Joe C ..............................

. .

349 352 349 222 338 222 219 225 341 350 349 212 280 61 340

224

237 287 270 263 282 340 338 345 341 346 338 330 352 346 331 344 349 351

331 337 328 328

1

Jordan. Larry .............................. 336 Jordan. Smiggie ............................ 351 Jordan. Thomas C .......................... 348 Jose Enterprises ........................ 224. 248 Joyce. Kathleen ............................ 347 Judd. Clifton D., Jr ......................... 211 Jumer's Castle Lodge ................... 284. 287 Jumer Hotels. Ltd ........................... 285 Justice. Jeff ................................ 227

K

.

K-Mart Corp ............................... 269 Kaleidoscope. Inc ....................... 267. 284 Kamnick. Suann ............................ 254 Kane. Dianne K ............................. 220 Kankakee Community College ............... 272 Kankakee. County of ....................... 256 Kankakee Industrial Supply .................. 228 Kannet. Irving. & Assoc..................... 251 Kantamneni. S., M.D. ................... 270. 273 Kaplan. Gail. Ph.D. 81 Assoc.................. 279 Kaplan. Sidney J., M.D., S.C. ................ 278 Kara Co., Inc............................... 287 Karlaftis. Konstantinos ...................... 339 Karoll's. Inc................................ 283 Kaspar. John W............................. 350 Kaspar. John Wayne ........................ 349 Katz. Paul L., M.D. ......................... 249 Kaufelt. Arthur L........................... 349 Keane. Richard J., Jr ........................ 340 Kearney. Mildred R ......................... 212 Keating. Annette M ......................... 266 Keca. Maryann Munch ...................... 235 Keen. Walterine ............................ 280 Keister's Inc ................................ 276 Keith. Pamela S............................. 209 Kelley. Rosemary ........................... 232 Kellner. M . J., Co ....... 209. 233. 234. 235.277. 288 Kellogg-Losey Corp ......................... 237

li Kellogg. Willard C .......................... 342 Kelly. James L .............................. 210 Kelly Services. Inc ...................... 282. 286 Kempa. Walter F........................... 216 Kempe. Karen A ............................ 349 Kemper. Timothy E ......................... 293 Kendall. Floris G............................ 295 Kennedy School. Lt . Joseph P., Jr ......... 260. 261 Kennedy. Thomas F......................... 329 Kenzal. Larry .............................. 281 Kerwin. Albert ............................. 340 Kerwin. Daniel J ............................ 209 Kessinger. Kenneth ......................... 347 Keyes. Gregory ............................ 329 Khan. Nazir ................................ 340 Khan. Shagufta. M.D........................ 263 Khurshid. Kamran .......................... 339 Kilburn. Lila G............................. 219 Kilgallon. Sean T ........................... 338 Killelea. Nancy C........................... 223 Killion. Virginia M .......................... 352 Kim. Ho Hyun ............................. 348 Kim. Hyi Ja ................................ 349 Kim. Joo-Pi1 ............................... 328 Kim. Jung Oh .............................. 231 Kim. Young Pae ............................ 349 Kinabrew. William ......................... 340 Kincaid. Norma F........................... 273 Kind. James ............................... 329 King. Adam ................................ 343 King. Thomas L............................ 338 Kinkade. Eileen ............................ 216 Kinnell. Charlene ........................... 235 Kinsella. John J ............................. 292 Kipper. Frances 0.......................... 352 Kirk. Audrey ............................... 335 Kirkilas. Maria L............................ 216 Kirk. Kyle K ................................ 328 Klaric. Steven .............................. 343 Kleiman. Isobel S........................... 294 Klein. George L............................. 347

lii Klimke. Scot ............................... Kline. Elizabeth A .......................... Kluz. Jadwiga Stelmach ..................... K Mart 3305 ............................... Knapp. Shirley J ............................ Knobloch. John F........................... Knoles. Thelma J ........................... Knoll. Linda S .............................. Knop. Louise K ............................. Knowles Law Book Publishing ............... Knox. Carolyn ............................. KnoxManor ............................... Knoxville Management Corp ................. KNP Corporation .......................... Kobelt Travel Service ....................... Koffler Sales ............................... Kohn. William ............................. Kokkines. Wendy ........................... Kola. Zego ................................. Kolb. Lorraine ............................. Kollereb. Pamela ........................... Konewko. MichaelR ........................ Konrad. Horst. M.D......................... Koontz. Gary .............................. Kosiec. Edward L........................... Kosin. Robert .............................. Kotarba. Walter ............................ Koty. Eileen ............................... Kouimelis. Mike ............................ Kovats. Ludwig P........................... Koziol. John Henry .......................... Kozora. Donald R ............................ Krawczynski. Sharon L . Girardi .............. Krealoff. Ada .............................. Kreative Kustom Auto Body ................. Krell. Janice R .............................. Krischel. Delores ........................... Krochmal. Stanley .......................... Krohne. Carl W., Jr ......................... Kronenberg. Leslie .......................... Kruczek. Sandra C...........................

328 292 338 254 224 232 212 282 295 235 346 241 237 36 256 277 273 333 328 352 245 2A5 210 348 332

340

24 5

274 329 295 256 331 340 221 259 222 218 340 225 350 347

liii Krug Excavating Co ......................... 208 Krug. Margaret .............................. 216 Krys. Irene ................................ 294 Krysztopa. Slawomir ........................ 215 41 K.S.M. Sheet Metal Co...................... Kudelko. Michael J .......................... 342 Kuhn. Catherine ............................. 342 Kumar. Nada .............................. 283 Kutty. Ahamed V. P., M.D. ............... 230. 260 Kwasnik. Peter F........................... 291 Kye. David ................................ 222

L

0

i

..

I

Lamoine Christian Nursing Home ............ Lampe. Ferdinand A ......................... Lampkins. Charles .......................... Lamprey. Edward .......................... Lampros. John. Assoc....................... Lampton. Virginia .......................... Landers. Jessie ............................. Landers. Patricia ........................... Landis. Michael A ........................... Landreth Lumber Co........................ Lane. Margaret .............................. \ ........................ Lane. Ronald C .... ! Lange. Ethel ............................... Lange. Richard C........................... Langston Enterprises. Inc.................... Lanier Financial Services .................... LaPapa. James. Jr ...................... i .....

Laboratory & Pathology Physicians ........... 281 Lackey. Carol A ............................ 225 Lake Land College ..................... 230. 277 Lakeside Coast to Coast ..................... 278 Lake View Ford-Mercury ................... 273 LaMantia. Barbara .......................... 213 Lamberton. Linda S ............................ 258

I

I

i

236 295 340 289 268 327 295 217 213 256 232 232 348 345 240 251 337

liv LaRabia Children's Hospital ................. 250 Lara. Jose M ............................... 331 LaReno. Valerie A .......................... 292 Larkin Home For Children .............. 261. 281 345 LaRocca. Shirley ........................... Larson. John. M.D. ................. 243.297. 298 297 Larson. John R ............................. Larson. Peter .............................. 333 LaSalle County Nursing Home (LSCNH) ..... 241 LaSalle National Bank ...................... 279 337 Lashley. Mari .............................. 329 Latham. William P.E. ....................... Lathers. Teresa C........................... 337 220 LaTourelle. Nancy F........................ Laurel Bone & Joint Clinic .................. 216 Lauschke. Alan L........................... 335 Lavicka. Judith ............................. 216 Lavorini. John ............................. 346 Law. Carrie ................................. 352 Lawless. Lawrence ......................... 210 230 Law. Marcia L.............................. Lawrence. Clifford L., Sr.................... 229 Lawrence. Joan ............................ 254 Lawry. Roy C.............................. 215 Laws. Mildred L............................ 333 Lawson. Walter. Children's Home ............ 263 Law. Thomas J ............................. 230 Lawyers Co-Operative Publishing Co . . . . . 269. 284 Lazarus. Marcella D ......................... 312 339 Lazzara. Steven ............................ 220 Leake. Paul D .............................. Leathers. Laverne .......................... 209 Leato. Sharon .............................. 353 Lederle Labs ............................... 258 332 Ledezma. Isidro ............................ 338 Lee. Arthur M .............................. Lee. Bernice ............................... 338 Lee. Brenda ............................... 228 241 Lee County ................................ Lee Data Corp ......................... 264. 266 Lee. Lizzie ............................. 349. 350

lv

i

332 Lee. Mabel ................................ Leen. Mary Anne ........................... 327 Lee. Sandra S .............................. 341 Lee. Thelma ............................... 341 Leezy. Gloria .............................. 348 Legal Directories Publishing Co.............. 258 Leggans. Charles ........................... 337 Leisure Garden Home. Inc ................... 238 Leisure Hills Of Kewanee ................... 237 Leisure Hills of Pekin Nursing Home ......... 237 Leiter. Leiter & Sahn ....................... 282 Leland Building ............................. 2/46 LeMaire. Leonard F ......................... 295 Lemanski. Bernard ......................... 344 Lemons. Edward ........................... 289 Lemons. Gary D ............................ 221 Lemon. Vernon A ........................... 350 Lemus. Sergio .............................. 328 Lenger. Diane M ............................ 212 Leonardi. Robyn ........................... 351 Leon. Cervando ............................ 342 Leslie. Roy ................................ 276 Levan. Michael J ............................ 349 Leven. Henry .............................. 210 Lever Brothers ............................. 256 Leveston. Monte11 .......................... 337 Levi. Ray & Shoup ......................... 268 Levy-Galatzer. Robert M., M.D. ............. 266 Lewandowski. Gertrude ..................... 293 Lewis. Brenda ............................. 341 Lewis. Christeen ........................... 349 Lewis & Clark Comm . College .............. 288 Lewis. David H ............................. 265 Lewis. Hardy .............................. 32 Lewis. Jean ................................ 335 Lewis. Norma .............................. 333 Lewis. Tommy. Jr ........................... 209 Lewis University ....................... 228. 272 Lewis. Virginia ............................. 220 L & H Stamp Manufacturing Co.............. 258 Liberty Advertising Agency. Inc.............. 278

lvi

0

Lichter. Michael ............................ Liesz. Elizabeth M .......................... Ligas. Lawrence J ........................... Lincoln College ............................ Lincoln Hill Nursing Center ................. Lincoln Manor. Inc .......................... Lincoln Manor. North ....................... Lincoln Paving Co.......................... Lincoln Square Electrical Supply Co .......... Lindsey. Paul W ............................ Lindsley. Richard N ......................... Lindstrom. Gust F.......................... Lin. Kang.Yann. M.D ........................ Link. Debra L.............................. Lipschutz. Harold .......................... Lipschutz. Harold. M.D. .................... Lipski. Richard L........................... Litchfield Nursing Home .................... Litherland. Thomas E ........................ Little Angels Nursing Home .................. Little City Foundation ...................... Little. Larry D .............................. Litton Systems. Inc .......................... Livingst on. Brad ........................... Livingston. Deborah ........................ Livingston County .......................... Lock Shop. The ............................ Lodhia. Ebrahim ........................... Loerzel. Emilie ............................. Lofchie. Perry ............................. Loftin. Dennis ................... ; ......... Lofton. James E., Jr ......................... Logan. John A., College ..................... Logsdan. Scott ............................. Lolley. Larry ............................... Lomboy. Ric A ............................. Long. Roxanne ............................. Long. Theodore R .......................... Lonski. John ............................... Lopez. Alicia .............................. Lopez. Catalina ............................

97 207 327 272 239 238 210 266 274 336 334 293 279 338 262 264 233 237 353

262

268 242

246

216 216 241 252 329 295

351 222 334 270 336 214 21 5 209 223 328 315 331

lvii Lopez. Luz ................................ 219 Lopez. Teresa Aguirre ....................... 329 Lopez. Trinidad ............................ 328 Lord. William .............................. 291 Lorenz. Donald Alan ........................ 345 Loretto Hospital ............................ 305 Loschen. Earl L...................... .. : .... 255 Lotus Development Corp..................... 260 Louisiana. State of; Dept . of Health & Human Resources Office of Mental Health . . 250 Lounsbury. Betty ........................... 222 Lovekamp. Susan .......................... 226 Lovette. Kenneth ........................... 349 Lowder. Robert J ............................ 208 Lowe. Billy E ................................ 209 Lowey. Irene ........................ I..... 221 Loy. Bradley V ............................. 343 Loyd.Handy. Patricia ....................... 345 Loyd. Mattie ................................ 341 Loyola Medical Center ...................... 287 Loyola Medical Practice Plan ............. 243.. 244 Loyola University Medical Center .... 224.227. 245 Luby. Frances V ............................ 293 Lucas. Louise .............................. 332 Lucas. Ricki L.............................. 332 Lucena. Rosa .............................. 349 Lugo. Robert ............................... 281 Lujano. Arturo .............................. 210 Lujano. Cesar .............................. 210 Lujano. Josefina ............................ 210 Lungo. Andrew ............................. 293 Lutheran Child 81 Family Services of 249 Illinois .................................. Lutheran Hospitals & Homes Society Owners & Operators ...................... 237 Lutheran Social Services of Illinois ........ 251. 261 Lydia Home Assn....................... 267. 282 Lynch. Betty ................................ 327 Lynch. Cleaster ............................ 336 Lynch. Guy ................................ 216 Lyons. Barbara ............................. 192

.

lviii Lyons. George ............................. Lyons. Phillip .............................. Lyte. Patricia ..............................

M

233 211 338

Maas. Thomas C ............................ 231 MacArthur Group. The ...................... 288 Macias. Juan ........................... 342. 352 Mack. Berta ............................... 333 Mack. David W., M.D., S.C.................. 264 MacNeal Memorial Hospital ........ 302.304.305. Macomb Americana. Inc ..................... Macomb Manor Nursing Home .............. Macon Cleaning ............................ Macon County Rehabilitation Facilities ....... Maddox. Hubert E .......................... Madison.Kedzie. Inc ........................ Maeser. JoeM .............................. Mahony. Fred .............................. Main Street Motel. Ltd ...................... Maish. Jeffrey A ............................ Makosky. Anita D ........................... Makris. George ............................. Maksymiw. Michael ........................ Malas. Elizabeth ........................... Malik. Rashidah. M.D. ...................... Malito. Deborah J ........................... Mallory. Willie Mae ......................... Malloy. Kenneth J ........................... Malone. Cathy Ann ......................... Maloney. Deborah .......................... Mandel. Lipton & Stephenson. Ltd ............ Mann. Edwin H., Jr ......................... Mannen. Mark ............................. Manock. James W .......................... Manpower ................................. Manpower Temporary Services .............. Maraine Valley Community College ..........

............................

306.307.308. 309 237 238 256 222 219

16

291 344 278 342 333 334 341 344 266 337 347 272 209 225 245 344 289 213 281 252 279

lix Marathon Petroleum Co ..................... 284 Marcatante. John D ......................... 342 Marc Center ............................... 245 Marche. Marc J ............................. 352 Marc Plaza Hotel ........................... 275 Margalski. Natalie A ........................ 295 Margaret-Ann Electric. Inc ................... 287 Marine Bank of Springfield .................. 266 Marion County ............................. 287 Markos. Jo Ann R ........................... 225 Markowicz. Joseph G ....................... 345 Mark. William ............................. 290 Marsan. Edith .............................. 294 Marsden. Rita C ............................ 211 Marshall Industries ......................... 285 Marshal. William J., M.D. ................... 232 Marsh. Vera ............................... 346 Marten. Martha E ........................... 294 Martinez. Edwin ........................... 230 Martinez. Felicia ........................... 351 Martinez. Marco Antonio .................... 262 Martinez. Nyla S............................ 291 Martin. Herbert ............................ 214 Martin Implement Sales ..................... 273 Martin. Linda .............................. 341 Martin. Maureen K .......................... 225 Martin. Milam ............................. 227 Maryville Academy ..................... 246. 251 Massac Memorial Hospital ...... 259.262. 271. 277 Massa. Lenda S.............................. 343 Massie. Fred ............................... 214 Mastroianni. Retta .......................... 209 Matlick. Debra K ........................... 225 Mattice. BrianH. ........................... 256 Mattingly Health Care Center ................ 238 Mattingly. B . F............................. 238 Mattingly. L . E ............................. 238 Maxson. Scott F............................ 266 Maxwell. Margaret ......................... 351 Mayen. Israel .............................. 332 Mayfield Manor Nursing Center. Inc .......... 239

lx

h1 ayflower Pavilion Convalescent ........ 239. 240 261 I 4 aywood Assoc............................ t 114 cAdams. Luther J., Jr ...................... 332 331 114 cBee. Steven Wayne ....................... 210 114 cCall. David ............................. 114 cCann'Construction ....................... 264 250 114 cCarthy. Daniel. M.D. .................... 228 114 cClain. Timothy .......................... 330 h4 ccollum. Lucindy ........................ 277 h4 cConnell. Carol P ......................... 212 114 cConnell. Wanda J ........................ 114 cCorkle Court Reporters. Inc.......... 233.234. ................................ 278.279. 280 216 114 cCormick. Helen ......................... 216 114 cCormick. Helen L........................ cCormick. Herbert ....................... 345 114 cCoy. James R ............................ 220 114 cCoy. Karen M ........................... 213 114 250 h4 cCoy. Laverne ........................... 345 114 cCoy. Willie .............................. 114 cCracken. John E., M.D. .............. 277. 285 h4 cCullagh Leasing .................... . 1 ... 273 330 h4:cCullom. Rosemary ....................... cCurdy. Betty C .......................... 293 h4 cDaniel. Brenda L ......................... 260 h4 241 114'cDonough County ........................ 'cDowel1. Ruth ........................... 347 114 352 n4.cFadden. Eva D .......................... :cGee. Brendia ............................ 223 h4 :cGee. Denise ............................. 211 h4 :cGee. Norma ............................ 221 h4 336 hn.cGhee. Tanya ............................ hnkGrath Whalen Office Equipment .... :..... 255 249 h4!cGraw-Edison Service .................... o h4[cGraw. Vera Irene ........................ 182 259 h4[cGuire's. Inc... .......................... hn[cGuire. J . M ................................. 331 hn[cGuire Reporting Service .............. 233. 272 1[cHenry Co. Mental Health Board ........... 227 n nn[cIntrye. T. G............................. 229 78 o nn[cIntyre. Walter ...........................

Ixi

McKean. Beatrice .......................... 226 McKee Door Sales & Service ................ 261 McKinley. Ada S., Community Services. 2A6. 287 Inc .................................. McKinley Community Services .............. 253 McKinney. Susan ............................ 339 McLean Co . Alcohol & DrudLighthouse ..... 241 McLean County ........................ 241. 262 McLeary. Everett .................. ....... 285 McMahill. Veronica E ....................... 221 McMaster. Sylvia ........................... 211 McMillan. Michalene ........................ 219 McNeal. Phillip ............................ 224 McNeal Pharmaceutical ..................... 263 McNicholas. Michael E ...................... 346 McPhan. Donald ........................... 343 McPherson. Shirley Barbara ................. 348 McQueen. Suzan P .......................... 342 McRill. Susan I............................. 221 Mead Johnson & Co ........................ 281 Meador. Gary L ............................. 208 Means Service ............................. 265 . . Mears. Cyndi .............................. 337 Medical Arts Clinic of Dixon ................. 278 Medical Personnel Pool ..................... 258 Medical Practice Plan ........................ 248 Medina. Alfonso J., M.D ..................... 252 349 . Meeker. Bryce E ............................ Meek. Margretta ........................... 292 Mehrotra. Debbra L......................... 217 Meils. Jeri L................................. 225 Meis of Indiana ............................. 243 Mellon. Louise W ........................... 227 Melrose. Armade ............................. 218 Melton. Pat ................................. 209 Memije. Romeo R., M.D. ...................... 265 Memorial Hospital ...................... 268. 286 Memorial Medical Center ................... 285 - Mendelsohn. Melvin E ....................... 211 Mendenhall. Janice Lee ..................... 333

lxii Mendez. Victor ............................ 353 Mendoza. Mario ............................ 329 Menke. FrederickP ......................... 340 Mercer. Connie ............................ 260 Mercy Center .......................... 214. 285 Mercy Center for Health Care Services ............................. 215. 218 Mercy Center Health Care Services ........... 260 Mercy Hospital ................ 218.220.241.245. Merkels. Inc ............................ 263. 276 Merle Pharmacies #1 ........................ 262 Merrell Dow Pharmaceuticals ................ 257 Merrell. Garland ............................ 219 Merz. Hermann ............................ 338 Metheney. Glenda .......................... 222 Met Newspaper ............................ 246 Metropolitan Sanitary Dist . of Greater Chicago ................................. 264 Mettille. Anthony K ......................... 223 Meyerhoff. Retha R ......................... 266 Meyer. Katherine ........................... 295 Meyer. Mark ............................... 220 209 Meyers. Edward J., Co...................... Meyer. Sheryl A ............................ 273 Meyer. Vera ............................... 327 Miceli. Linda M ............................ 281 Michael. Carolyn J .......................... 344 Michigan Terrace Nursing Home. Inc ......... 239 Micklo. Eugenia ............................. 295 Micro Group. Inc........................... 276 Mid-West Autowise. Inc..................... 267 Mid Continent Pipe & Supply Co., Inc ........ 275 Middlebrook. Carolyn L ..................... 353 Midland Area Agency on Aging .............. 275 Midland International ....................... 269 Midstate Machinery Co ...................... 264 Midwest Diversified Services. Inc ............. 248 Midwest Fence Co...................... 252. 255 Mieloszyk. Steve ........................... 338 Mikalauskas. John .......................... 230

................................

250.309. 310

lxiii Mike & Julie's Education Center ............. 258 Milkert. Bernice B .......................... 225 216 Miller. Beverly ............................. 293 Miller. B. Viola ............................. Miller. Charles W........................... 269 349 Miller. Derrick .............................. Miller. Elizabeth M ......................... 344 262 Miller. Gerald I., Rev ........................ Miller. Jack. M.D. .......................... 232 Miller. James. Chevrolet. Inc ............. 250. 251 342 Miller. Juanita .............................. Miller, Ronald ............................. 328 237 Miller Rutledge Corp ........................ Miller. Tina ................................ 328 228 Milligan. Nova Pearl ........................ Milton Data Center .......................... 262 Minkler. Scott A ............................ 339 Minnesota. University of. Hospital & Clinics .................................. 284 Misericordia Home North ................... 284 Misericordia Home South ............... 245. 254 Mitchell. Beatrice ........................... 343 Mitchell. Curtis ............................ 217 Mitchell. Mariann .......................... 225 Mitchell. Mary ............................. 213 Mitchell. Richard D ......................... 342 286 Mobi Corp ................................. Modern Brake & Alignment ................. 253 Modern Business Systems ................ 230. 260 239 Modern Manor. Inc ......................... 232 Mohr. Daniel F............................. 256 Moline Radiology Assoc ..................... Monohan. James P., M.D. ................... 283 Monroe Systems for Business. Inc; ............ 273 Monroe Truck Equipment ........... 268.270. 271 Montgomery Elevator Co., Inc........... 281. 283 Montgomery Ward ............. 253.277.278. 282 335 Moody. Lenolia ............................ Moon Lake Convalescent ................ 239. 240 Moore. David .............................. 346 267 Moore. Ella J ...............................

lxiv Moore. James C., M.D. ..................... 270 Moore. Jennifer L........................... 267 Moore. John R .............................. 233 Moore. Lynda .............................. 345 Moore. Maurice ............................ 180 Moore. Nancy Jane ......................... 215 Moore. Otis ................................ 346 Moore Research. Inc ........................ 261 Moore. Richard Alan ........................ 289 Moore. Sumner D ....................... 281. 282 Moraine Valley Community College .......... 223 Morales. Consuelo .......................... 352 Morgan. Carol A ............................ 253 Morimoto. Paul K., M.D. ................ 230. 256 Morres. Danny J ............................ 223 Morris Lincoln Nursing Home ............... 238 Morris. Marjorie ............................ 270 Morrison Community Skilled Nursing Facility .................................. 240 Morrison. Doris J ........................... 339 . Morrison. Oscar E .......................... 223 Morris. Richard LaMont ................. 343. 347 Morris. Robert. College 252. 284 Morrow. Benjamin Beck .................... 329 Morrow. Sharon ............................ 333 Mortimer. John S........................... 249 Moses. Elizabeth M ......................... 241 Mosley. Camillia ........................... 329 Mosley. Gloria ............................. 350 MosIey. Timothy E ......................... 347 Moss. Larry E .............................. 231 Mt . Morris. Village of ....................... 268 Mt . Sinai Hospital Medical Center ........ 251. 252 Moyer. Collen (Grachen) .................... 336 MSL Corp ................................. 268 M & S Rental Equipment Co................. 1 Mueller. Dorothy M ......................... 232 Mueller. Irene B ............................ 294 Mulhall. Margaret E ......................... 224 Mullinax. Roberta M ........................ 341 Mundelein College ..................... 252. 263

.................

lxv Muneeruddin. Mohammed .................. 339 Munson. Eric .............................. 329 Murdale True Value. Inc..........;........... 267 Murdent. Norman W ......................... 219 Murphy. Charles G ........................... 209 Murphy Motor Freight Lines ................. 292 Murphy. Robert ............................ 254 Murray. Sidney ............................ 335 Murry. James .............................. 346 Murthy. Keshava. M.D. ..................... 311 Muzzarelli. Dorothy .................... 216. 217 Myers. Thomas. M.D ........................ 214

N

Naffziger. Brent ............................ Najar. Virginia ............................. Nance. Allen A ............................. Nance. Herbert ............................ NAPA ..................................... NAPA Auto Supply ......................... Napier. Carol L ............................. National Car Rental ........................ National Easter Seal Society ................. National Fabco Manufacturing. Inc........... National Fire Protection Assn ................ National Learning Systems .................. National Medical Homecare ................. National Opinion Research Center ........... National Railroad Passenger Corp............ National Service Lines. Inc. of New Jersey .... Nature Trail Home. Inc...................... Nauman. Arlene ............................. Navis. Cliff. Co............................. Naylor. Amos ............................... NDC Federal Systems ...................... Neal. Connie L............................... Nebraska Beef Processors .................... Neeley. Rose ............................... Neenah Foundry .............................

345 331 351 49 288 282 218 230 253 287 263 252 232 254 259 213 236 248 263 226 263 293 133 352 270

lxvi Neiman Brothers ........................... 260 Nelligan. John J ............................ 283 Nelson. Alma. Manor. Inc .................... 240 Nelson. Alma. Manor ....................... 212 Nelson. Darla S ............................. 215 Nelson. Debra ............................. 216 Nelson. Debra L............................ 217 Nelson. Edwin W ........................... 210 Nelson. Marvin B........................... 348 Nendels Motor Inn ......................... 278 Neuman. Jaime L., M.D. ................ 255. 256 Neurological Associates ..................... 285 News-Democrat ............................ 262 New. Toby L ............................... 219 New Zion Day Care Center ................. 251 Neylon. James F ............................ 63 Nguyen. Hung ............................. 352 Nichols. Annie M ........................... 353 Niemet. Nancy A ........................... 333 Nilsen. Marie .............................. 329 Nimely. Darlene R .......................... 342 Ninth Avenue Corp ......................... 237 Noeth. Louise Ann .......................... 210 Noland. Regina ............................ 351 Nolpe. Thomas N. Jones. Executive Director ................................. 263 Nomura. Roy. M.D. ........................ 274 Normany Osteopathic Hospital .............. 252 North American Van Lines. Inc............... 285 North Aurora Manor ........................ 240 North Cicero Dodge ........................ 256 Northeastern Illinois University . . 2 4 262. 270. 281 5. Northeastern Health Care Association ......... 241 Northeast Health Care Center ............... 241 Northern Credit Service ..................... 250 Northern Illinois Fence. Inc .................. 287 Northern Illinois Gas Co ............. 233.244. 271 Northland Medical Clinic ................... 232 North Shore Association for Retarded Citizens ........................ 267 Northside International. Inc .................. 274

0

lxvii Northwestern Memorial Hospital ............. 244 Northwestern Nursing Center. Inc ............ 239 Northwest Hospital ......................... 259 Norton Christensen. Inc ..................... 253 Norwegian-American Hospital ...... 299.304.305. Norwood. Kenneth ......................... Nott. Margaret ............................. Novak. Edward ............................ Nowak. Zofia .............................. Nowicki. Harriet ............................ Nuemann. Rafael A ......................... Nuon. Tonh ...............................

0

........................

306.307.308.309. 311 350 295 208 339 333 353 353

0

O'Brien. Danny L........................... 223 O'Brien. Gloria ............................. 350 O'Bryant. Ann ............................. 277 0'Connell.Kumar. Carolyn .................. 220 O'Connor. Greg ............................ 279 O'Dell. Laurie .............................. 227 O'Herron. Ray. Co., Inc ................. 257. 283 O'Neal. Bessie ............................. 341 O'Sullivan. John ............................ 230 O'Toole. Kevin K ........................... 336 Oak Park Care Center Nursing Home ......... 238 Oakton Community College ................. 260 Oberlander Communications Systems. Inc..... 266 Obiahuba. Ngozika I ........................ 333 Oceguera. Fina ............................. 213 Oceguera. Leone1 S......................... 213 Ociepka. Alexander ......................... 352 Oconomowoc Developmental Training Center .................................. 283 Oden. Charles ............................. 334 Office Equipment Co . of Chicago ............ 288 Office Store Co..................... 233.266. 272 Office Supply Co................... 265.274. 282 Ogg. Richard Lee .......................... 261 OK Electric Co............................. 155

lxviii Oldham. Carol Hollesen ..................... 330 Olsen. Melissa R ............ ; ............... 293 Olson. James E ............................. 334 Olson. Mary E .............................. 225 Omnifax .................................. 280 Onnen. Fred L............................. 229 Oquist. Elsie ................................. 335 Orange. Florida L............................ 336 Orchard Village ............................ 283 Order From Horder ........................ 274 Ornelas. Javier ............................. 335 Orr. Edward K ............................. 347 Orteza. DeofilL., M.D. ..................... 259 Orthopedic Associates of Kankakee ....... 278. 284 Orthopedic Assoc. of Streator ............ 257. 270 Orthopedic Surgery Group ................... 228 Ortiz. Alejandro ............................ 352 Ortscheid. Ann M 261 Oruwariye. Alfred .......................... 351 Osborne. Josephine .......................... 221 Osborn. Yvonna L.......................... 207 Oster. Virginia M ........................... 293 Otten. Grant L.............................. 227 292 Otto. George W., Jr ......................... Ottwell. Noren L........................... 227 Ouimet. Barbara L .......................... 329 Outboard Marine Corp ...................... 232 Over. Henry A., Jr .......................... 211 Over. Robert P. Evers ...................... 340 Overton. Jeffrey A .......................... 345 Owens. Olivia .............................. 333 Oxendine. Alma C .......................... 327 Oxendine. Jasper M ......................... 327 Oxford University Press ..................... 267

...........................

P

Pablo. Dorothy D ........................... Pabon. Maria E ............................. Pachulski. Andrezej .........................

346 216 348

lxix Paducah Orthopaedic Clinic ................. 258 Palomar. Kathy A ........................... Palos Neuropsychiatric Institute ............... 339 271 Pana Health Care Center ..................... 237 269 Pana Iron Store ............................ 294 Pankey. Ilean M ............................ .......................... Pankonin. Louis 0Co ....................... 294 Paragon Janitorial 255

Parkwood Dodge. Inc ....................... Parrish. Eddie Mae ......................... Parr. Patricia ............................... Parr. Susan J ................................ Partida. Rogelio ............................ Paschen Contractors. Inc.................... Passavant Area Hospital .................... 1. ............................ Patel. Haribahai Patel. Harry ............................... Patten Tractor & Equipment Co.............. Patterson. Alphredia ........................ Patterson. Darlene R ......................... Patterson. Edith Y ........................... Patterson. Kenneth M ....................... Patterson. Lisa 0........................... Patton. Greg E ............................. Patton. Richard D ........................... Pautler Brothers Contractors. Inc ............. Pavlik. Edward J., D.D.S. ................... .Payne. Chris J .............................. Pearson. Eugene C .......................... . . Pediatric Practice Plan ...................... Peer. Mary E ................................

Parker. Elijah ............................... Parker. Gregory ............................ Parker. Marvie Woods ...................... Parkhill Skilled Nursing Facility .............. Parkhurst. Todd S.......................... Park Manor Nursing Home .................. Parks. Carlos C ............................. Parks. Catherine ............................ Parkview Colonial Manor Nursing Home ...... Parkview Manor. Inc ........................

335 327 352 238 246 240 330 211 237 237 251 348 225 225 336 212 265 212 212 271 330 345 264 342 271 213 292 36 274 330 331 257 295

lxx

0

Pegues. Charles H .......................... 344 Pegues. Walter ............................. 220 Pembridge House. Inc ....................... 239 Pendergraft. Antonio ....................... 351 Penkava. Maureen V ........................ 351 Penn. Wesley .............................. 283 Peoria Association for Retarded Citizens ...... 257 Peoria Urological Assoc., Inc ................. 279 Perez. Gustavo ............................. 350 Perez. Mary ............................... 339 Perez. Sipriano ............................. 334 Perez. Thomas ............................. 343 Perkin Elmer Corp...................... 264. 287 Perry. Michael ............................. 344 Person. Patricia ............................ 226 Perteete. Katherine ......................... 342 Perteete. Verne1 ............................ 342 Petersburg Plumbing & Heating Co........... 263 Peters. Lori ................................ 222 Peterson. Josephine E ........................ 225 Peterson. Kay .............................. 215 Petkov. Yana ............................... 223 Petrick. Beverly L........................... 337 Petrick. Robert ............................. 337 Petrusak. Paul .............................. 113 Petry. Avon ................................ 218 Petry. Avon A .............................. 216 Pettiford. Jacqueline S ....................... 349 Petty. Brian ................................ 338 Phillips. Margot K ........................... 256 Phillips Petroleum ...................... 251. 256 Phillips 66 Co .................. 270.272.274. 284 Phipps. Sally F............................. 225 Piat. Janet Krupp ........................... 209 Pickett. Ellen T ............................. 351 Pickrell. Mildred H ......................... 208 Pierson. Linda E ............................ 327 Pikulski. Steve ............................. 328 Pilgrim Child Development Day Care Institute ............................. 211. 245

lxxi Pilsen-Little Village Community Mental Health Center. Inc ................. 226 Pimental. Patricia ........................... 221 Pimentel. Eva .............................. 348 Pinckneyville Community Hospital ........... 254 Pinkowski. Violet ........................... 295 Pipkin. Carol E ............................. 353 Pippen. Joan L ............................. 347 Pitney Bowes ............. 223.232.235.253.271. Pittman. Georgia ........................... 342 Plasmier. Lee. Dr ........................... 283 Platis. Kimberly L........................... 332 Pleasant Hill Village .................... 237. 240 Pleasant Meadows Christian Village .......... 236 Pleasure Driveway and Park Dist . of Peoria ... 277 Plough. Donna Schroeder ................... 347 Podwin. Marian ............................ 294 Pokorski. Betty J ............................ 346 Polainer. Edward J .......................... 266 Polak. Vaune 0............................. 332 Polinski. Elizabeth .......................... 218 Polk. R . L., & Co........................... 261 Ponderosa Motor Inn ....................... 274 Poole. Elaine ............................... 328 Pope. Steven B............................. 349 Popstein. Robert ........................... 224 Poremba. Michael J ......................... 327 Poremba. Pauline A ......................... 327 Porretta. Judy .............................. 221 Portable Sanitation Systems .................. 283 Poston. Frances ............................ 338 Potter. Kathleen S ........................... 197 Powell. David .............................. 350 Powell. John A ............................. 331 Powell. Joyce .............................. 343 Powell. Linda .............................. 332 Powe. Samuel L ............................ 226 Prairie Cardiovascular Center ................ 285 Prairie Center for Substance Abuse ........... 241 Prairie City Nursing Center. Inc.............. 238

....................

276.277.279.280.284. 288

lxxii Prairie City Nursing Home .................. 238 Prairie Farms Dairy ......................... 264 Prater. Elaine .............................. 270 Pratt. Penny R .............................. 222 Prazak. Dolores ............................. 208 Preciado. Pamela ........................... 342 Prencipe. Lorraine .......................... 103 Price. Eddie ............................... 278 Price. Gary R ............................... 271 Prime Med ................................ 284 .Prince. Shirley Ann ......................... 349 Princeville Area Migrant Child Development Center ..................... 243 282 Prismo Safety Corp ......................... Pritts. David R ............................. 340 Pro.Care. Inc............................... 240 Pro Auto .................................. 230 Production Supplies. Inc ................. 245. 256 Professional Services to Youth ............... 252 Pronto Travel Agency ................... 259. 279 Proviso Association for Retarded Citizens ............................. 250. 309 Pruitt. Dorothea ............................ 331 Prussing. Laurel Lunt ....................... 280 Pryor. Robert E ............................ 233 Przetacznik. Rita Anne Coty ................. 333 Pugh. Kelvin ............................... 344 Pulvino. Kim ............................... 338 Pure Hotels. Inc............................ 212 Purolator Courier ........................... 255

Quad City Radiologists ..................... 275 Quality Care ....................... 277.278. 279 Quest. Irma F.............................. 295 Quincy College Corp ........................ 261 Quinn. Dorothy ............................ 126 Quinn. Frederick. Construction c o ...................................... 211 Quinn. Joan P .............................. 232

lxxiii Quinsippi Long Term Care Facility. Inc .............................. Quint. Ed .................................

R

236 284

Rabe. Margaret ............................. Ragan Communications ...................... Ragan Report Workshop .................... Rager. Marie C .............................. Rahman. Aziz. Dr ........................... Rahman. Habibur. M.D. .................... Rahpaelidis. Kimon ......................... Rainbolt. James W .......................... Ral Construction ........................... Ramada Hotel-Mt . Vernon .................. Ramada Inn ............................... Ramada Renaissance ........................ Ramada Renaissance Hotel .................. Ramirez. Elveria ................... : ....... Ramirez. Jose ............................... Ramos. Edith .............................. Ramos. Joseph ............................. Rampona. Douglas M., M.D. ................ Ramsey Lumber Co ......................... Ramsey. Norma J ........................... Ramudamu. Chandra ....................... Randall. Catherine .......................... Randell. Daniel ............................ Randich. Craig ............................. Randolph & Assoc.......................... Randolph County .......................... Rankin. Darlene ............................ Rankin. Gilbert ............................. Ranney. Byron J ............................ Ransom. Donnie W ......................... RAO. K.P.N., M.D .......................... Rashid. Gregory M .......................... Raushan. Jamaal N .......................... Ravenswood Hospital ....................... Ravenswood Hospital & Medical Center ......

293 265 287 334 275 252 339 223

2,49

285 280 233 282 332 327 265 350 268 214 262 269 196 222 209 338 338 210 339 226 341 347 245 228

lxxiv

220 IRawlings. Linda Vose ....................... 240 1R.B.N.H., Inc.............................. 220 1R.B. Rebuilders. Inc ......................... IRed Bud Nursing Home ..................... 240 1Red Hills Rest Haven Corp .................. 239 340 1Reed. Donna McCray ....................... 223 1Reeder. Robert H., M.D. .................... 1Reese Hospital & Medical Center ............ 253 309 1Reese. Michael. Hospital .................... 3eese. Michael. Hospital & Medical Center .... 311 1 I3eese. Michael. Physicians & Surgeons ........ 221 I3efrigeration Distributing Co ................ 267 353 I3egalado. Michael .......................... 3egalia Manufacturing Co................... 260 I IIegent Plaza Nursing Center. Inc ...................................... 239 I3ehabilitation Institute of Chicago ....... 245.302. ................................ 309.310. 311 3ehg Reporting Service ..................... 259 Ieid. Lucille ............................... 352 3eid. William E ............................ 350 3eisch Memorial Nursing Home ............. 239 Ieliance Elevator Co ........................ 281 3enken. James R ........................... 213 jeporting Services. Inc...................... 248 lequarth. Margaret Jane .................... 218 3espond First Aid Systems .................. 283 lest Haven Manor. Inc., Nursing Home ....... 236 3esurrection Hospital ........... 232.268.269. 275 {euben & Proctor .......................... 262 levels. Connie J ............................ 345 Ieynolds. Fred D ........................... 336 {eynolds. George .......................... 333 leynolds. James T ........................... 293 {eynolds. Margaret B ....................... 294 Ieynolds Motor Co ......................... 253 {hoden. Annie ............................. 344 3hodes. Dorothy ........................... 337 Gal. Larry J ................................ 290 3ica. Carla Y . Costa ........................ 328 lice. Presley D ............................. 218

lxxv

I

Richard. Michelle .......................... 339 Richards. Lawrence K., M.D. ................ 241 Richardson. Flora D ......................... 209 Richardson. Leotha ......................... 338 Richardson. Streeter ........................ 267 Richardson. Theodore ...................... 227 Richards & Stehman ........................ 271 Richard. Steve. Jr ........................... 347 Richards. William A., Mrs .................... 337 Richards. Wilma ........................... 346 Rich. Jim .................................. 252 Rich. Mary ................................ 224 Richmont Hotel ............................ 263 Richter. Carol A ............................ 347 Rickenbrode. Helen ........................ 343 Ricoh Corp ................................ 255 Riddell. Margaret .......................... 268 Rider. Kathleen M .......................... 330 Ridges. Sharon Marie ....................... 207 Ridgway Manor Nursing Home .............. 236 Rieckenberg. Anita J ........................ 218 Riley. Carl Eugene ......................... 351 Riley. Gloria ............................... 217 Riley. Susan M ............................. 271 Rimini. Alan ............................... 222 Rincker. Ruth .......................... 209. 280 Rinehart. Jane .............................. 216 Ring. Patsy ................................ 219 Ringstrom. Margaret M ...................... 231 Rios. Milagros .............................. 336 Rita. Lucida. M.D ........................... 250 Ritchey. James Thomas ..................... 351 Riva. Linda ................................ 341 Rivera. Byron .............................. 340 Rivera. Efrain .............................. 331 Rivera. Elida ............................... 333 Rivera. Francisco ........................... 334 River Bend Community Unit Dist . #2 ......... 264 River Hills Nursing Home. Inc ............... 237 River Oaks Chrysler Plymouth ............... 263 Riverside Medical Center ....... 227. 248. 251.252.

........................

266.270.276.301. 302

lxxvi

221 15iverway Co............................... 338 1Rizzolo. Frank ............................. 266 1RMC. Inc.................................. 221 1Roberson. Bobby J .......................... Roberson. Kristy ........................... 221 1 Roberts. Dorothy J .......................... 218 1 13oberts Frame & Axle Service ............... 281 346 1Roberts. Inge M ............................ 295 13oberts. Joe ............................... 343 I3oberts. Roberta ........................... 337 I3obey. Grider ............................. lobin. Mary V ............................. 347 1 337 1lobinson. Alberta .......................... lobinson. Alfred. Jr ......................... 330 I 218 I3obinson. Alphonso ........................ 220 1lobinson. Anthony E ........................ 293 1lobinson. Cornelius ........................ 337 I3obinson. Herbert C........................ 329 1lobinson. Lee R ............................ 13obinson. Melvin Douglas ................... 351 346 13obinson. Randy Ray ....................... 331 13obinson. Shirley ........................... local. Inc .................................. 283 1 3ocke. Richard A ........................... 339 I 241 I3ock Falls Manor .......................... 13ock Falls Twp . High School ................ 258 13ockford Convalescent Center ........... 212. 240 13ockford Mass Transit Dist .................. 266 13ock Island Convalescent Center Nursing Home ........................... 236 13ock Island County Health Dept ............. 276 . I 3ock Island Franciscan Hospital ............. 100 15ock. Ken. Community Center .............. 276 13ock River Collection Agency ............... 266 353 1!lodgers. Ellen ............................. 346 13odriguez. Jose A., Jr ....................... 235 13odriguez. Joseph .......................... 350 13odriguez. Maribel ......................... 343 1Rodriguez. Sixto M ......................... 293 1Rodriguez. Thomas A., Jr ....................

lxxvii Rodriguez. Umberto ......................... 338 Roesch. Arthur ............................. 242 Roeski. Dorothy ................ i . . ... . . . . . . . . 295 . Rogers. Hattie J ............................... 329 Rogers Park Manor. Inc ................... 240. 308 Rogers. Robert K ............................ 280 Rogers. Wylie .............................. 327 Rohrbaugh. James R., M.D. .................. . 285 i Rohrman. Douglas F........................ 340 Roland Machinery Co.... 252.256. 257.258.260. 261 . . Rolke. Barbara R . . .'........................ 295 Rolke. Kenneth ............................. 295 Romero. Pedro ............................. 329 Romo. Francisco ........................... 347 Roosevelt Square-Marion Nursing.Home. .... 238 Roosevelt Square-Murphysboro Nursing Home ........................... '1 ....... 238 Roosevelt Square-Princeton Nursing Home . : 239 Roosevelt Square-Silvis Nursing Home ...... 239 Roosevelt Square-Springfield Nursing Home ........................... 239 Roosevelt University ........................ 161 Roosevelt University ........................ 284 Roper. Raymond W ......................... 328 Rosato. Jean ............................... 213 Rose. Ashley S .............................. 232 Roseland Community Hospital ....... 218.256. 303 Rossi. Jacqueline M ......................... 225 Ross. Vadah Marie Curfman ................. 334 Roudebush. John M ......................... 332 Roulas Associates Architects .................. 272 Rowland. Steve S ............................. 209 Royal Chrysler Plymouth ................. 249. 250 Royal Elm Convalescent & Geriatric 240 Center. Inc ............................... Royal Fontana Nursing Center. Inc ............ 240 Royal Greenbrier Nursing Center. Inc .......... 240 Royal Willow Nursing Care Center. Inc ....... 240 Roytype ................................... 260 R . Rudnick & Co./Rudnick Builders .......... 286 Rubenstein. Carey S ......................... 230 Ruble. Eva L............................... 224

.

lxxviii Rubrecht. Bernard F ........................ Rudy. Frances ............................. Rueter. Helen N ............................ Ruiz. Michelle Chamorro .................... Runnfeldt. John T .......................... Rush-Presbyterian St. Luke's Medical Center .................................. Rushing. Judy .............................. Russell. Louis T., Sr......................... Russo. Aida Gloria .......................... Russo. Dominic ............................ Rustman Bus Sales. Inc ...................... Ruszel. Robert E ............................ Rutledge. Patricia .......................... Ryan. Connie E ............................. Ryan. James ............................... Ryder Truck Rental. Inc .....................

S

345 327 333 333 218 221 212 348 337 294 277 336 33 223 350 278

Safety Kleen Corp.................. 252.272. 276 Saghafi. Behrooz ........................... 253 St. Anne's Hospital ......................... 223 St. Anthony's Hospital ...................... 255 St. Anthony Memorial Hospital .............. 258 St. Bernard Hospital .... 300.301.302.303.304. 307 St. Coletta School .......................... 255 St. Elizabeth's Hospital ......... 251.264.273.274. ........................ 301.302.303.306. 311 St. Elizabeth Medical Center ............. 235. 282 St. Frances Xavier Cabrini Hospital ........... 248 St. Francis Hospital .... 263.304.305.306.307. 308 St. Francis Hospital of Evanston .......... 309. 310 St . James Hospital .............. 232.249.252. 265 St. James Hospital Medical Center ........ 273. 283 St . John's Hospital .......... 252.254.262.275. 279 St. Joseph Hospital ............. 230.266.299.303. ........................ 304.306.307.308. 309 St. Joseph Hospital (Elgin) .................. 305 St. Mary's Hospital ..... 244.245.246.274. 280. 301

lxxix St . Mary's Hospital Centre ................... 224 St . Mary's Hospital. Decatur ............. .268. 285 St . Mary of Nazareth Hospital ............... 217 St . Mary of Providence School ............... 266 St . Therese Hospital .................... 304. 305 St. Therese Medical Center . . 227.261.270.274. 280 St. Vincent Residential School ............... .258 St. Vincent School .......................... 261 Salgado. Angel M ........................... 286 Saline Care Center Nursing Home ............ 239 Saline Manor. Inc ........................... 239 Salkeld. Mark W ............................ 230 Salley. Fannie ............................... 348 Sally. Patricia A ............................. 208 Sanchez. Euencion Severiano ................ 339 Sanders. Bessie 0........................... 342 Sanders. Edward. Jr .......................... 255 Sanders. Nathaniel .......................... 340 Sanders. Teresa ............................ 220 Sanders. Terry ............................. 332 Sanders. Wiley C........................... 333 Sandner. Jill R .............................. 222 Sandoz Nutrition Corp...................... 255 Sandra Memorial Nursing & Convalescent Home. Inc ................... 239 Sanford. Sharon ............................ 340 Sangamon State University .................. 257 Santamaria. Enrique ........................ 343 Santone. Susan M........................... 350 Santoyo. Margaret A ........................ 327 Sarnecki. Christine M ....................... 292 Saslow Dental .............................. 263 Sassan. Dennis D ........................... 231 Satoloe. Joan W ............................ 210 Savin Corp ................................. 243 Scantron Corp.............................. 263 Schade. Mildred ............................ 295 Schadt. Mabel K ............................ 295 Schiestel. Janet ............................. 213 Schiller. W . & Co., Inc ...................... 246

lxxx Schleich. Marsha ........................... 219 Schmidt. Felice ............................ 329 Schmitt Ford. Jac. .......................... 258 Schneider. Jalene ........................... 210 Schneider. John G .......................... 295 Schneider. Robert C ........................ 209 Scholt z. Margaret .......................... 292 Schrieber. Ray. Disposal .................... 260 Schroedel. M . Dwayne ...................... 292 Schryver. Marie T.......................... 295 Schuler. John. Psy . D ........................ 269 Schultz. Joy ................................ 274 Schultz. Roger A . & Marjorie .... i ........... 294 Schust. Cynthia Ann ........................ 218 Schwarz. Marvin J., M.D. ................... 299 Schwarz. Marvin. M.D. ............. 243.298. 299 Science Research Assoc.................. 269. 287 Scientific Games. Inc ......................... 285 Scott. Catherine ............................ 222 Scott Emergency Medical ................... 272 Scott. Evelyn .............................. 281 Scott. Gregory ............................. 209 Scott. John M., Center ...................... 278 Scott. Steve R ...................... .-. ...... 347 Scubelek. David R .......................... '334 Sears. Roebuck & Co ................ 248.257. 275 Security Lumber & Supply Co............... 287 Seeley Healthcare ........................... 261 Seelye. Bette ................................. 223 See. Patricia L .............................. 328 Segrist. James E., M.D. ..................... 281 Seigert. Donald R ........................... 215 Selph. Amy Lynn ........................... 214 Selph. Donald R ............................ 214 Seppi. Joseph F................ 210.211.240. 241 Serbantez. Ruth M .......................... 352 Serna. Judith D ............................. 229 Servco Equipment .......................... 246 Seville Drugs .............................. 208 Seville Temporary Services .................. 265 Sexton. Darrel ............................. 209

lxxxi Sgro. Patricia J ............................. 222 Shadid. James E ............................ 231 Shady Rest Manor. Inc . Nursing Home ........ 239 Shafer's Galena Pharmacy ................... 249 Shah. Pravin S., M.D. ................... 253. 256 Shannon. Olivia ............................. 293 Shattar Sales ............................... 262 Shaw. Laverne ............................. 333 Shaw. Virginia ............................. 346 Sheehan. George ........................... 291 Shelby. Hardel .............................. 347 Shelby Manor Nursing Home ................. 239 .Shell Oil ............................ 261.266. 287 Shelton. Danny Ray ........................ 333 Shelton. Pat ................................. 286 Shepherd. Nicholas ......................... 227 Shepherd's/McGraw.Hill .........: .......... 266 Sheridan Oil Co............................ 255 Shick. Terry W ............................. 222 Shidler Construction Material Co., Inc ........ 260 Shines. Lorraine ............................ 351 Shipley. Robert M .......................... 337 Shores. Phyllis Myra ........................ 330 Shores. Venelea ............................. 330 Shorter. Romade ........................... 212 Shoss. M., M.D. ............................ 251 Shoss Radiology Group ..................... 252 Shover Easter Seal Rehabilitation Center .................................. 253 Shover. Jayne. Easter Seal Rehab . Center ..... 264 Shraga. Hannah ............................ 221 .Shubayev. Fredrick ......................... 293 Shutkas. Angelo N ................: ......... 351 Shymansky. Donald ........................ 228 Sibley. Debra ............................... 211 Siddiqui. Idris Ibrahim ...................... 233 Sieg LaSalle Co., Inc ......................... 248 Sienieniec. John ............................ 330 Sierra. Francisco V ........................... 230 285 Sievers Auto Body. Inc ...................... Sievers. Steven A ........................... 241

lxxxii Sikorski. Stephen B ......................... 260 Silkey. Nancy L............................ 213 Silva. Alberto. M.D. ........................ 216 Silver Cross Hospital .................... 245. 259 Silvoc. Richard 0........................... 294 Simmons. Ernest ........................... 294 Simmons. Jill .............................. 276 Simms. Sharon. Ph.D. ................... 248. 249 Simplex Time Recorder ..................... 259 Simpson. Gregory G........................ 280 Sims. Gary R ............................... 293 Sims. Mancola ............................. 353 Singleton. Fred T........................... 337 Sitzman. Herbert ........................... 345 Skach. Laura M ............................. 213 Skokie Valley Hospital ...................... 282 Skokie Valley Manor. Inc .................... 239 Skokie Valley Terrace Nursing Center. Inc ..... 239 Sky Harbor Inn ............................ 273 Slack. Delores .............................. 284 Slack. Herbert ............................. 351 Slack. Mrs . Delois .......................... 277 Slaughter. Johnnie. Jr ........................ 346 Sloan. Kathleen M .......................... 328 Slone. Vera ................................ 338 Small. Brian C .............................. 286 Smallwood. Helen .......................... 347 Small World Children's Center ............... 276 Smith. Alexander ........................... 335 Smith. Althea .............................. 329 Smith. Carol T ............................. 256 Smith. Connie L............................ 222 Smithey. Lucille ............................ 296 Smith. Johnny .............................. 289 Smith. Kenneth A ........................... 280 Smithkline Bio-Science Lab .................. 274 Smith. Larry Darnel1 ........................ 329 Smith. Lester .............................. 223 Smith. Maida .............................. 338 Smith. Marie ............................... 339 Smith. Marilyn ............................. 332

lxxxiii Smith. Mavis C............................. Smith. Morris. Jr ............................ Smith. Ora E ............................... Smith. Roberta L........................... Smith. Rupert .............................. Smith. Stella ............................... Smith. Willie L............................. Smyth. Alex ............................... Sneed. Jeffrey .............................. Snyder. GeneT ............................. Snyder. Lori M ............................. Snyder's Vaughan Haven .................... Soderstrom Dermatology Center. S.C. ........ Sohn. Anthony ............................. Somerset House. Inc ........................ Somerville. Arthur F......................... Sommerville. Willie J ........................ Soparas. Stanley C .......................... Sopher. Trella I............................. Sorce. Angelo C., M.D. ..................... Soria. Rogelio .............................. Sorling. Northup. Hanna. Cullen & Cochran ........................ Soto. Maria Borrios ......................... Souhlas. Dean .............................. Souhlas. Paula K ............................ Souranis. Spiros ............................ Southern Illinoisan Newspaper ............... Southern Illinois Clinic. Ltd .................. Southern Illinois University .................. Southern Illinois University. Board of Trustees ........................ Southern Illinois University School of Medicine ....................... South Suburban Hospital .................... Southworth. Mike .......................... Sparkling Spring Water Co................... Specialized Medical Imaging ................ Special Services Co......................... Spencer. David L., M.D. .................... Spencer. George R ..........................

344 210 293 336 211 332 349 286 229 212 212 217 280 331 240 295 221 335 296 264 334 272 350 222 222 330 273 266 265 250 279 278 274 281 274 284 246 346

lxxxiv Spicer. Edward ............................ 217 Spicer. Mary Heard ......................... 334 Spight. Michael T............................ 341 Spoon River Center .......................... 262 Spoon River Scenic Drive Assoc.............. 252 Springfield. City of ......................... 243 Springfield Hilton ...................... 228. 254 Springfield Public Schools ................... 253 Springfield Radiologists ..................... 2A4 Springfield Van & Storage Co................ 275 Sriratana. Pramern .......................... 282 S & S Arts & Crafts ......................... 266 Stacker. Shelia .................i ........... 334 Stack. Scott ................................. -230 Stacowitch ................................ 281 Stagg. Brian ................................ 273 Staley Building Corp......................... 268 Stalions. Lois I.............................. 223 Staller. Joseph .............................. 333 Standard Electric Time Corp.................. 275 Standard Parking Service .................... 266 Standard Register Co........................ 261 Stan. Harry ................................ 327 Stanko Packing Co .......................... 133 Stanley. Kathy ............................. 107 Stannard Power Equipment Co............... 284 Stark. Barbara ............................. 269 Starks. Barbara ............................. 216 Starling. Kathy ............................. 220 Stasch. Mary M ............................. 294 State Employees' Retirement 214.220. 244 System .......................... State Farm ................................ 212 State Farm Insurance Co.................... 214 Staunton Health Care Center ................ 237 Steadman. Lottie ........................... 353 Stef anovich. Anna ........................... 220 Stefanski. Alex L............................ 351 Steigerwald. Clarke A ....................... 265 Steiner Electric ..................... 227.229. 231 Stephenson. Cynthia W ...................... 344

lxxxv Stephenson. Karen .......................... Stephens. Paul L............................ Stevens. Joan M ............................ Stevens. John N ............................. Stevens. VickieL ........................... Stevens. Zelia 0............................ Stewart. Mary E ........................ ; ... Steward Oil Co............................. Stewart. Ruth E ............................ Stewart. Velma ............................ Stickney Public Health .District .... : ............ Stiff Annie Lee ............................. Stiff. Mary ................................. Stiles. Eric A ............................... Stock. Carl ................................ Stocks. Inc ................................. Stoller. Walter. M.D ......................... Stolley & Orlebeke .......................... Stone. Joy C................................ Stone. Stanley .............................. Stover. Robert .............................. Strava. Jackie L............................. Stronge. John Le ........................... Structural Rubber Products. Co.............. Struebin. Ronald ........................... Stubbs. Quint R ............................ Stuckey. James A ........................... Stuckly. Sharon A ........................... Stunson Enterprises. Inc ..................... Stuttle. Carol L ............................. Suburban Door Check & Lock Service ........ Suburban Ent . Assoc........................ Sudmeier. Joanne Louise .................... Sulivan. Thomas J .......................... Sullivan. David C........................... Sullivan. Edward J .......................... Summage. Charles E ........................ Summers. Sherry Y ........................... Sundeen. Timothy A ........................ Sunnyside Co.............................. Sun Refining & Marketing ...................

221 210 225 273

233

339 222 274 293 353 277 345 260 273 211 282 262 291 219 291 214 335 294 282 197 339 211 258 239 223 268 311 343 '255 342 212 232 224 218 258 284

.

lxxxvi

.

Sunrise Manor. Inc .......................... Sunset Nursing Home ....................... Svaniga. Lora J ............................. Swanson. Anna May ........................ Swedish Covenant Hospital .................. Sykes. Birdie Lee ........................... Sylvester. James E .......................... Synwolt. Henry F ........................... Szpunar. Janina ............................ Szuper. Susan .............................. Szymanski. Carol E ......................... Szymborski. Daniel .........................

T

236 238 252 351 253 330 331 212 327 333 225 334

Tag. Inc ................................... 284 Tait. Robert. Jr ............................. 338 Talaga Sheet Metal Co...................... 267 Talbot. Charles E ........................... 341 Talbot. Robert S ............................ 352 Tamayo. Luis .............................. 332 Tamblin. Walter ............................ 291 Tanaphong. Suvit .......................... 332 Tandy Corp ............................ 264. 284 Tansey. Lawrence J ......................... 348 Taphorn. Michelle .......................... 226 Tatum. Darlene ............................ 329 Tavernaro. Michael Angelo .................. 347 Taylor. Bernard ............................ 218 Taylor. Edward A., Jr ....................... 329 Taylor. Elizabeth ........................... 349 Taylor. George W ........................... 295 Taylor. Julie ............................... 349 Taylor. Raymond .......................... 213 Taylor Ready-Mix .......................... 228 Taylor Rental Center ....................... 273 Taylor. Ronald E ........................... 339 Taylor. William ............................ 345 Tedder. Paul W ............................. 47 Tedeski. JohnR ............................ 212

lxxxvii Tejada. F. C., M.D.......................... 268 Tekmar Co ................................ 283 Telecommunications International ............ 260 Temmen. Pamela ........................... 208 Temple School of Medicine Pediatric Practice Plan ............................. 219 Temple Sholom Day Care Center ............ 263 Temporary Service. Inc..................... 258 Tenney Sales. Inc ........................... 272 Terrell. Audrey ............................ 221 Test. Elaine E .............................. 233 210 Teverbaugh. George E., Sr................... Textor. Alice ............................... 291 Tharpe. Michael ............................ 223 Tharpe. Ola Mae ........................... 352 The Lincoln Home ............. 210.211.240. 241 Theraplay Institute ......................... 279 Therrell. Bennie ............................ 328 Thiel. Sandra L............................. 226 Third Microventure ......................... 263 Thomas. Beatrice ........................... 334 Thomas. Darrell ............................ 344 Thomas. Joy ......................... i ..... 258 Thompson. Alicia V ......................... 349 Thompson. Annie Hamilton ................. 348 Thompson. Goldie .......................... 348 Thompson. Herman ........................ 346 Thonet Industries. Inc ................... 277. 280 Thornburg. Kelly ........................... 139 Thornton Community College ............... 275 Thornton Motors ........................... 265 Thorpe. MableL ........................... 211 3M ....................................... 228 Three Oaks Nursing Home .................. 238 Three Sisters ............................... 281 Ticey. Roberta ............................. 346 Tidwell. Claudette ......................... 353 Tillman. Jeannette .......................... 337 Timmes. E . Charles ......................... 350 Tingue. Brown & Co ........................ 258 Tirman. Barbara M ......................... 340

lxxxviii

284 Tjiook. Can. M.D., S.C. ..................... Todd. Wilmar. Mrs ......................... 334 Tokar. Kathleen M .......................... 353 Tokar. Laurence J .......................... 353 Tomei. Deborah ........................ 337. 338 Tomei. John ............................... 337 Tomlin. Edward ........................... 331 Tomlin. James M ........................... 274 Topolinski. Mark S .......................... 352 Torres. David .............................. 341 Torres. Grace .............................. 335 Touche Ross & Co...................... 222. 246 Touhy Terrace Associates ................... 241 Tracy. William C ........................... 343 Transport Mobile Cleaning .................. 271 Trefz. Harlan .............................. 264 Trefz. Noreen .............................. 264 Treister Orthopaedic Services ................ 221 Trenholm. Douglas F ........................ 341 Trentz. Gary M .............................. 329 Triangle Construction ....................... 254 Trice. Charles .............................. 350 Trice. Elizabeth ............................ 344 Triggs. Patricia Kelly ....................... 210 Tripp. Paula J .............................. 211 Tronet. Lorens P............................ 233 Trots. Thomas ............................. 267 Trotter. Pamela ............................ 254 Trout. Russell Lee .......................... 348 Trover. Jane Ann ........................... 222 Truscello. Michael .......................... 221 Tucker. Betty Jean ......................... 351 Tucker. Earnestine ......................... 343 Turner. Mary .............................. 219 Turpeau. Wilbert ........................... 351 Turpin Motors. Inc .......................... 280 268 211 West Wacker Drive ..................... Tworek. Dennis F.......................... 344 Typewriter Service Co ...................... 284 Tzinberg. Margaret ......................... 27

lxxxix

U

Uchida. Tadashi ............................ 212 Uczciwek. Kathleen ........................ 336 Ulm. Jacqueline J ........................... 214 Union Roofing Co., Inc .............. ....... 274 United Cab Driveurself. Inc................... 91 United Methodist Children's Home ........... 233 United Microlabs ........................... 254 United National Bank of Sioux Falls. 210 South Dakota ............................ U.S. Elevator Corp......................... 267 U.S. Geological Survey ...................... 270 Universal Home Health ............. 277.278. 279 Universal. Inc.............................. 258 University Microfilms International ........... 282 University Neurological Assoc ................ 265 158 University of Illinois ........................ Unocal ................................ 252. 287 Uphaus. Bruce R ............................ 212 Upp. Elizabeth ............................. 296 Uptown Paint & Body Service ............... 258 Urba. Christopher W ........................ 335 Urbana Americana. Inc ...................... 237 Uselton Oil Co............................. 281 Ushman Communications Co................ 276 Utility Tower Co........................... 230 Utley. Anthony S ........................... 327 Utz. Thomas W ............................. 225

.

V

Vacca. Spirit J ............................... 327 Valco Awards and More. Inc ................. 285 Valcom Computer Center ................ `271.275 Valdez. Rogelio ............................ 330 Vallen Safety Supply ....................... 286 Vance. Juliet ................................ 345 Vandalia Motor Sales ....................... 255

xc 272 Van De Walle. Kristy L ...................... 249 Van Ru Credit Corp ........................ Vansant. Patricia A .......................... 214 Van Tine. Richard A., Jr ..................... 348 Vantrease. Shirley .......................... 341 295 Varble. Gearold J ........................... 251 Varelli. Cynthia ............................ Vasconcelles. John L........................ 323 Vasiliauskas. Eric A ......................... 288 340 Vasquez. Barbarita ......................... Vasquez. Margaret ......................... 352 Vasquez. Mary ............................. 342 Vaughan. Wanda J .......................... 209 295 Vaughn. Edward ........................... Vaughn. Pamela ............................ 292 Vaughn. Roy ............................... 331 Vazquez. Jose Manuel ...................... 330 Vega International Travel Service ........ 260. 268 214 Velez. Gladys .............................. Velez. Maria ............................... 343 Velez. Maria E ............................. 343 Venture Stores ......................... 266. 276 Verble. Daniel E ............................ 295 330 Vernier. John .............................. 329 Verstraete. Angela .......................... Victory Memorial Hospital .................. 214 295 Viehman. Lucille ........................... Village Inn. Inc. Nursing Home .............. 236 Villarreal. Bertha ........................... 296 335 Villasenor. Moses ........................... Visionquest National ........................ 228 Visiting Nurse Assn . of Chicago .................. 223.253.262. 311 Vlasis. Linda F............................. 225 Voght. Frank M ............................ 211 Vogt. Jo-Anne ............................. 212 Volunteer Services of Iroquois Co ............ 271 Volunteers of America .................. 245. 263 VonBehren. William F....................... 295 276 VWR Scientific ............................

xci

w

Wabash Christian Retirement Center ......... 236 Wageman. Scott R .......................... 293 Wagner. WilliamD ......................... 340 Wakil. DeLinda C.......................... 343 Waldrop. Shirley J .......................... 224 Walker. Carol R ............................ 215 Walker. Clarence ........................... 289 Walker. Denver ............................ 296 Walker. Eddie J ............................ 352 Walker. Lee A .............................. 294 Walker. Lloyd L............................ 330 Walker. Shelton ............................ 208 Walker. Vicki J ............................. 221 Walker. Virgil .............................. 329 Wallace. Brenda ............................ 219 Wallace Computer Services. Inc.............. 286 Wallace. Ernestine .......................... 352 Wallace. Gene C............................ 227 Wallace Nursing Homes. Inc................. 238 Wallace. Pamela Gail ....................... 336 Wallace & Tiernan Division ................. 288 Wall. Alice A ............................... 225 Wall. Barbara L............................. 223 Walls. Raymond E .......................... 211 Wal Mart #224 ............................. 256 Walsh. E d ................................. 227 Walter. Gail ............................ 216. 217 Walters. Joyce M ........................... 225 Walton. Johnny ............................ 289 Wang Laboratories. Inc............. 214.220.252. Wang Labs ........................ 227.233. 275 Wapella. Village of ......................... 257 Ward. Dorothy ............................. 352 Wardlow. Sam. Jr........................... 333 Ward. Paul ................................ 224 Ward. Peter A., Dr .......................... 262 Ware. Joddie Mae .......................... 328 Wargo. Norman L., Sr....................... 344

............................

256.267.270. 281

xcii

350 270 275 341 311 249 329 207 236 288 219 342 255 295 212 345 351 239 Watters. Velda ............................. 217 Watts. Jay M ............................... 231 Waubonsee Comwunity College ............. 227 Waukegan Welding Supply .................. 281 WDM Management Corp .................... 238 Weathersby. Lottie ......................... 343 Weathers. Leon W .......................... 218 Weathers. Loretta .......................... 331 Weaver. Kimberly N ........................ 218 Weaver. Lorne ............................. 218 Weaver. Rosemary ......................... 346 Webb. Betty F.............................. 343 Webster. Spencer ........................... 343 We Care Nursing Facilities. Inc............... 236 Weiner. Dianne ............................ 350 Weiss. Donald E., M.D. ..................... 310 Weiss. Louis A., Memorial Hospital ...... 299.300. .................................... 308. 309 Weiss Memorial Hospital .... 269.301. 303. 304. 309 Welch. James .............................. 212 Welding Industrial Supply Co................ 281 Weller's Farm Fresh ........................ 273 Wellhausen. Linda .......................... 332

Warmack. Sandra .......................... Warning Lites of Illinois ..................... Warren Chevrolet .......................... Warren. Ruth .............................. Washington County Hospital ................ Washington County Vocational Workshop ..... Washington. Gina (Mosley) .................. Washington. Lucy Y ......................... Washington Nursing Center. Inc.............. Washington University Medical School ........ Washington. Wayman ....................... Wassell. Elizabeth J ......................... Waters. John ............................... Waters. Joseph S............................. Watkins. Darryle ........................... Watley. Virtlee G........................... Watroba. Tadeusz .......................... Watseka Manor Nursing Home ...............

xciii Wells. Charlotte Taylor ..................... 346 Werderitch. Kenneth ........................ 227 Wereldsma. Edward Peter .......... :........ 288 Werner Motor Co........................... 285 Werner. Peter. Dr: .......................... 258 Wertz Alignment. Inc....................... 275 Wesley. Keith J ............................... 342 Western Asphalt Paving Co .................. 208 Western Illinois University ........... 278.279. 283 West Harvey-Dixmoor Schools ............... 211 Westinghouse Furniture Systems ............. 253 West. James ............................... 227 Westlake Community Hospital ..... : 299.300.307. .................................... 308. 309 Weston. Herbert ........................... 332 West Publishing Co......... 235.263.282.287. 288 West. Sabrina .............................. 225 W .F. Industries ......................... 276. 287 Wham. James B............................ 258 Wheadon. Rosetta .......................... 165 Wheaton Youth Outreach .................... 246 Wheeler. C................................. 339 Wheeler. M . R .............................. 339 White. Agnes G ............................. 218 White. Arthur .............................. 279 White County Clerk ........................ 232 Whitef ield. Elliot ........................... 292 White. Lloyd E .............................. 296 White. Lois ................................. 347 White. Mable Ward .......................... 350 White. Nettie .............................. 218 White. Robert .............................. 330 White. Thearity .............................. 175 White. Valerie Jean ......................... 220 Wicherek. Dolores F........................ 332 Wicks. Ben ................................ 228 Wielgopolan. Julie A ........................ 223 Wiggins. Jeff A ............................. 273 Wiggs. Gary D .............................. 223 Wilcox. Marvin .............................. 348 Wiley Office Equipment Co..... 256. 269,283,.285 Wiley. Rosie B.............................. 221

0

xciv Wilgus. William ............................ Wilkes. Keith .............................. Wilkey. Webb L ............................ Will County ............................ Wil1iams.El. Melvin ......................... Williams. Alberta ....................... Williams. Andre L .......................... Williams. Beverly ........................... Williams. Beverly A ......................... Williams. Blanche G ......................... Williams. Charles ............................ Williams. Cheryl Anne ...................... Williams. Clara ............................. Williams. Clinton ........................... Williams. ClydeG .......................... Williams. Eleanor .......................... Williams. Gerald ....................... Williams. Howard .......................... Williams. Hubert 0......................... Williams. Jeanne ........................... Williams. Juanita ........................... Williams. Linda ............................. Williams. Linda L ........................... Williams. Mable L .......................... Williamson. Mary ....................... Williams. Roger E .......................... Williams. Ronald ........................... Williams. Rosemary ........................ Williams. Rosetta ........................... Williams. Sylvia ............................ Williams. Teressie .......................... Williams. Vivian ............................ Williams. Willie ........................ Willis. Harold .............................. Willis. Teola ............................... Willow Brook Ford. Inc..................... Wilson. Charles W .......................... Wilson. Connie ............................. Wilson. Donna R............................ Wilson. Eva ................................ Wilson. Ila Mae ............................

329 345 343 233. 264 289 293. 321 294 223 345 294 330 225 350 353 218 343 217. 343 223 283 350 341 342 275 351 216. 218 214 214 333 352 273 351 351 220. 349 232 352 248 211 335 280 342 219

xcv Wilson. Margaret L......................... Wilson. Ray A ............................. : Wilson Tire C o............................. Wilson. William ............................ Wimbiscus. William J., Jr .................... Wimpy. Fern .............................. Winfield. Derek B .......................... Wink. Helen M............................. Winkler. Mary E ............................ Winston. Michael ........................... Woehrle. Howard .......................... Woith. Betty L.............................. Wojciechowski. Jerri L ...................... Wolford. Mary ............................. Woll. Orval F.............................. Wolter. Jean ............................... Woltz. Lynn ............................... Woodhaven Learning Center ................ Woodland. Inc. Nursing Home ............... Wood River Township Hospital .............. Woods. Charles E ........................... Woodson. Dianne L......................... Woodstock Residence. Inc................... Woodward. William ........................ Worden. Edith ............................. Word Masters. Ltd .......................... Word Technology Systems. Inc............... Working Class Uniforms .................... Worm. Hollis D ............................. Wotten. Grace ............................. Wozniak. Anna ............................. Wright & Babcock .......................... Wright. Barbara J ........................... Wright. Betty .............................. Wright. Evelyn ............................. Wright. Jacquenette Shaw ................... Wright. Perry W ............................ Wright. Zack. Jr ............................ Wroblewski. Catherine F.................... Wyman. Thomas M., M.D. .................. Wyse. James L., D.D.S. .....................

345 231 264 210 231 210 343 225 222 334 327 341 224 222 296 214 291 282 236 284 347 347 239 202 294 257 281 257 270 350 292 231 350 344 347 346 348 294 348 288 251

xcvi

X

Xerox Corp ....... 219.221.223.224.226.229.235.

............................

Y

...............

245. 246. 249. 250.257. 260. 264. 267.282.283. 285

Yaniz. Antonio. M.D. ....................... Yann. Pauline L ................ ; ............. Yanson. Peter ............................... Yates. Debra ............................... YMCA of Metro Chicago .................... Yoon. Bog S................................ Yosko. Kathleen C .......................... Yost. Rolland ............................... .Young. Anna P............................. Young. Donald L ........................... Young. Jerome B........................... Young. Michael J ........................... Young. Olis ................................ Young. Roberta Sue ........................ Yunker. Orvileen ........................... Yuskanich. Cynthia J .........................

255 225 266 226 255 342 331 227 215 336

278

208 329 219 225 222

Z

Zachai. Nahum ............................. Zanetti. Claude L., M.D. .................... Zappa. Mary ............................... Zawan. Mayer. Dr .......................... Zawislak. James L .......................... Zawislak. Mildred L ......................... Zawislak. Robyn M ......................... Zayas. Esperanza ........................... Zempich. David ............................ Zep Manufacturing ......................... Ziebart A/T Rustproofing ................... Ziolkowski. Cheryl (Pabon) ................. Zion Nursing Home ........................

208 276 216 294 217 217 217 217 291 245 248 338 236

xcvii Zobrist, Orville E. .......................... Zortman, John ............................. Zouganelis, Lillian M. ....................... Zurich-American Insurance .................. Zwartz, Thomas A. ......................... 295 218 338 221 268

CASES ARGUED AND DETERMINED IN THE COURT OF CLAIMS OF THE STATE OF ILLINOIS REPORTED OPI NlONS FISCAL YEAR 1987

, 1986 through June 30,1987)

(No. 75-CC-0740-Claim denied.)

ILLINOIS STATE TRUST Co. and M & S RENTAL EQUIPMENT CO., Claimants, 2). THE BOARD OF TRUSTEES OF SOUTHERN ILLINOIS UNIVERSITY, ILLINOIS J UNIOR COLLEGE B OARD AN D STATE COMMUNITY COLLECEEAST ST. LOUIS, Respondents. OF

Opinion filed August 4,1986.

CARR, KOREIN, KUNIN, SCHLICHTER & BRENNAN (REX CARR, of counsel), for Claimants.

NEIL F. HARTIGAN, Attorney General (WILLIAM E. WEBBER and LAWRENCE REISCH, R ., Assistant Attorneys J General, of counsel), for Respondents.

CoNTRAcrs-penult y provisions-not applicable against State of Illinois. Penalty provisions in contracts cannot be applied against the State of Illinois. L ANDLORD A N D TENANT-hold-over-chim for double rent denied. In an action by a landlord seeking double rent following the hold-over by State educational institution tenants, the claim for double rent was denied, since the record established that the landlord failed to exercise the option of ouster, the landlord accepted rent as listed in the original lease after making

1

2

a demand for possession, and penalty provisions are not applicable against the State, therefore the Court of Claims held that the acceptance of the old rent constituted an election that the tenants were relieved of further liability, and furthermore, that the award of double rent would be a penalty which would be contrary to Illinois law.

HOLDERMAN, J.

This is a claim for double rent of premises occupied by the East St. Louis Community College. The claim arises out of a lease entered into by Southern Illinois University and sublet or assigned to the Illinois Junior College Board and State Community College of St. Louis. The primary term of the lease was from June 1, 1969, to June 30, 1969, with options to renew for three two-year periods. The dispute in question arose at the close of the first two-year renewal on June 30, 1971. At the close of the first option term, the college proposed to the Claimants the renewal of the lease for one year and cited as a reason the lack of appropriated funds. Claimants rejected the proposal by letter, dated September 14, 1971, and addressed to the Board of Trustees of Southern Illinois University. Thereafter, rents were submitted subsequent to September 21, 1971, and accepted by Claimants. Claimants are asking for the sum of $304,000.00, plus costs and interest for the period in question (September 22,1971, to July 1974). This is an old case starting originally on January 6, 1975, when the complaint was filed. The docket sheet is now 3% pages long. Briefly, the record shows that when the original lease expired, there were several letters exchanged between the parties. Claimants wrote a letter dated September 14, 1971, to the Board of Trustees of Southern Illinois University which stated that the

3

holding over beyond the termination date of the lease constituted renewal under the option for an additional two years. On September 22,1971, Claimants wrote the Board another letter to the effect that the original lease had been cancelled, and on November 11, 1971, Respondent wrote to Claimants stating ``. . . none of our actions shall be deemed to have been a renewal of our lease for the period of July 1, 1971-June 30, 1973." The fact remains, however, that Respondent kept paying the rent at the old figure and the payment at the old figure was accepted by Claimants, although they did write to Respondent that the payment was not sufficient. Another important factor in the Court's decision is that a new lease was entered into after approximately two years of paying hold-over rent and the new lease was for an amount only slightly larger than that of the original lease. Respondent, in its brief and arguments, states that by accepting the old rent an election was made by Claimants and Respondent was therefore not liable. Respondent continued to occupy this property for an additional three years and paid rent at the rates called for in the old lease, from 1971 to 1974. This rent was accepted by Claimants and no proceedings were started to evict Respondent from the premises although protests were made every month. Respondent further contends that acceptance of the rent as listed in the original lease after its demand for possession would constitute a waiver of statutory rights since it would make Respondent a hold-over tenant. Respondent also points out that at no time did Claimants exercise the option of ouster of said tenant. Respondent also states that penalty provisions cannot be applied

4

against the State of Illinois. Zllinois Power Co., 30 Ill. Ct. C1. 506; Ill. Rev. Stat. 1971, ch. 80, par. 2. Claimants state that the statute provision does not govern this case and they are entitled to double rent under the theory of common law. Claimants call attention to the fact that the rents paid after September 1, 1971, were at the old rate and were not satisfactory, and although they billed Respondent each month for the new amount, they were continually paid at the old rate. It is the Court's opinion that the acceptance of the old rent was an act by Claimants establishing that election had been made and therefore Respondent is not liable. It is the Court's further opinion that under the penalty laws of the State of Illinois, penalties sought by Claimants in this case, double rent, is a penalty which is contrary to the laws of the State of Illinois. Award is denied and this cause is dismissed.

.` I

(No. 76-CC-2629-Complaint dismissed.)

ROBERT E. HOWARD, Claimant,

0. T HE

STATE

OF

ILLINOIS,

Respondent.

Order on motion to dismiss filed April 14,1978. Order on motion to vacate filed November 20,1978. Order on motion to dismiss filed April 6,1979. Opinion filedJune 10, 1987.

PERZ & MCGUIRE OBERT M. ZELFK, counsel), for (R of Claimant.

5

N EIL F. HARTIGAN, Attorney General (R ICHARD HOUSER, Special Assistant Attorney General, of counsel),

for Respondent.

HIGHWAYS-posting of deer signs discretionary. The statutory provision regarding the placement of traffic control devices clearly gives the State discretion as to the placement of deer crossing signs, and any suggestion that the State should be held liable each time a motorist strikes a deer because no sign was posted would be contrary to the intent of the statute. NEGLIGENCE-state is immune from liability in performing discretionay duties. Interference with such discretionary decisions of State government as the placement of traffic control devices would unduly interfere with governmental functions and place an unreasonable burden on the State, therefore the State is immune from liability or negligence in the performance of discretionary duties. Hrctw.+Ys--collision with deer-no deer crossing sign-State immune-complaint dismissed. In an action arising from a collision between Claimant's automobile and a deer on a State highway where there were no deer crossing signs, the Claimant's complaint was dismissed, since the placement of deer crossing signs is a discretionary function of State government, and the State is immune from the imposition of liability for accidents allegedly caused by the failure to erect such signs.

ORDER ON MOTION TO DISMISS

POLOS, J. C.

This cause coming on to be heard on the motion of Respondent to dismiss, and due notice having been given, and Claimant having failed to respond to said motion, and the Court being fully advised in the premises; It is hereby ordered that this cause be, and hereby is, dismissed. ORDER ON MOTION T O VACATE

POLOS, C.J.

This cause coming on to be heard on the motion of Claimant to vacate this Court's order of April 14, 1978, dismissing this cause, and the response of the Claimant thereto, and the Court being fully advised in the premises; It is hereby ordered that this Court's order of

6

April 14, 1978, dismissing this cause, be and hereby is vacated. It is further ordered that Claimant be, and hereby is, granted leave to file a memorandum in opposition to Respondent's motion to dismiss, instanter. It is further ordered that this cause be set down for oral argument on Respondent's motion to dismiss. ORDER ON MOTION TO DISMISS

POLOS, J. C.

This cause is before the Court on the motion of Respondent to dismiss the complaint, for failure to state a cause of action upon which relief can be granted. On consideration of such a motion, the wellpleaded allegations of the complaint must be accepted as true. In substance, Claimant alleges that on November 28, 1974, he was operating a motor vehicle in a southerly direction over Route 180, near Williamsfield, Illinois. It is further alleged that it was the duty of the State of Illinois to erect and maintain warning signs upon Illinois Route 180, and that in breach of its duty the State failed to erect and place a sign indicating that a deer crossing existed across the highway, although the State knew, or in the exercise of reasonable care, should have known, that deer were known to cross at that location. It is further alleged that as Claimant traveled along the highway a large deer jumped in front of his vehicle, which collided with the deer and caused injury to the Claimant. Respondent has moved to dismiss, arguing that the State of Illinois was under no statutory duty to post signs warning of a deer crossing at the accident scene.

7

However, as the Court said in Hout v . State, 25 Ill. Ct. C1. 301:

". . . although the State is not an insurer of the safety of persons in the lawful

use of the highways, it is nevertheless under a duty to give warning by the erection of proper and adequate signs at a reasonable distance of a dangerous condition of which the State had notice, either actual or constructive."

Claimant has alleged that the State had actual or constructive notice of the fact that deer were frequently known to cross at the accident site. Claimant has further alleged that the Department of Conservation records show concentrated and consistent road kill of deer at that location, and that the State otherwise had reason to know of the concentration of deer at the accident site. While the Claimant may bear a heavy burden to show that the State was negligent in failing to erect deer crossing signs at the scene of the accident, we cannot say that there are no set of facts under which he could prevail. We therefore find that the complaint does state a cause of action, and the Respondent's motion to dismiss is hereby denied. OPINION

RAUCCI, J.

The Claimant, Robert E. Howard, brings this action against the State of Illinois, seeking recovery of money damages for injuries suffered in a deer-automobile accident on November 28,1974. Claimant struck a deer on Illinois Route 180 in Knox County, Illinois. He seeks to recover damages from the State of Illinois for injuries sustained when striking the deer, based upon a theory that the State should have posted deer crossing signs in the area where he struck the deer.

8

Evidentiary hearings were held on August 25, 1982, and February 10,1984. Counsel for the Claimant and the Assistant Attorney General were present throughout the course of these hearings. In addition, evidentiary depositions were taken and submitted by Claimant. Both parties have submitted their briefs and arguments. The sole issue presented is whether the State of Illinois had a duty to erect a deer warning sign at or near the site of the accident. Claimant relies upon section 11-303 of the Illinois Vehicle Code (Ill. Rev. Stat. 1973, ch. 95%,par. 11-303), as the basis for recovery in this action. The record reflects that on November 28, 1974, at approximately 2:OO a.m. the Claimant was driving southbound on Illinois Route 180 approximately 2?Lmiles north of Williamsfield, Illinois. Claimant had driven this route on numerous occasions. The collision took place while he was driving south on the two-lane road. On the aforesaid date, the speed limit for that road was 55 miles per hour. The Claimant, prior to the impact, had been going at a top speed of 50 miles per hour. The collision site was a two-hilled wooded area with some timber and brush. While the Claimant was driving at the aforesaid location, suddenly and without warning, two large deer jumped in front of the Claimant's car while he was traveling about 50 miles per hour. At the top of the hill, the first deer jumped over the car but did not actually strike the vehicle. The second deer, however, came in contact with the Claimant's vehicle, causing a violent collision and serious injury to the Claimant. The record reflects that an Illinois Department of Transportation engineer, Steve Van Winkle, was the

9

District Traffic Engineer for District 4, including Knox County, from 1974 to 1976. He testified that he would not consider putting up a deer sign in a particular area unless he had a positive recommendation from the Department of Conservation. The Department of Transportation would rely solely upon the recommendation of the Department of Conservation in determining whether to put up a deer sign. During the time that he had responsibility for District 4, the Department of Transportation erected no deer signs for District 4. Forrest Loomis of the Department of Conservation is the top State official in Illinois as it relates to deer management and road-deer mortality. He testified that it is the policy to discourage use of deer signs due to their ineffectiveness. He further testified that thousands of deer are killed on the roads of Illinois each year. In November of 1974, Forrest Loomis did not recommend the posting of deer signs anywhere in his area of responsibility, including Knox County, Illinois. Loomis has never recommended to the Department of Transportation that it install deer warning signs anywhere in Illinois. Dr. Allan Wolff testified as an expert in the field of wildlife science and natural resources management on behalf of the State of Illinois. Dr. Wolff was of the opinion that deer warning signs are ineffective and do not reduce the incidence of deer-automobile collisions. Further, the record reflects that the Department of Transportation's policy is not to put up additional deer warning signs due to their ineffectiveness. Claimant's expert witness, Lester Kollom, a safety engineer for the U.S. Postal Service, testified that the history of the physical location in question, the type of

10

road, the type of vegetation and the road environment which forms a valley would be attractive to deer. He further testified that certain precautions such as fences and guard rails should have been placed along Illinois Route 180. However, he was unaware of the nationally published studies on the effectiveness of deer warning signs. Section 11-303 of the Illinois Vehicle Code (Ill. Rev. Stat. 1973, ch. 95%, par. 11-303) provides in pertinent part as follows:

"(a) The department shall place and maintain such traffic-control devices, conforming to its manual and specifications on all highways under its jurisdiction as it shall deem necessary to indicate and to carry out the provisions of this Chapter or to regulate, warn or guide traffic." (Emphasis added.)

It is clear that this statute is discretionary and not mandatory. It allows the State to place such traffic control devices "as it shall deem necessary." If the State of Illinois does not deem it necessary to post deer signs on Route 180, it is not required to do so under the statute, since section 11-303 is purely discretionary in nature. Thousands of deer are killed on the roads of Illinois every year and to suggest that the State should be liable each time a motorist strikes a deer because the State did not post a deer sign at that particular location, is contrary to the intent of the statute granting the government discretion in the posting of deer warning signs. In Sherarv. State (1965),25 111. Ct. C1.256, Claimant sued the State for failure to post a "Stop Ahead" sign at an approach to an intersection. In that case, we cited the former equivalent of section 11-303 of the Illinois Vehicle Code and held that the failure to maintain a sign did not constitute negligence.

11

The judgment as to whether it is necessary to place deer signs in certain places on the thousands of miles of State highways is discretionary. To interfere with such discretionary decisions of State government would unduly interfere with the governmental functions of the State and would place an unreasonable burden upon the State. The State is immune from liability or negligence in the performance of discretionary duties. Fluim v . State (1975), 30 Ill. Ct. C1. 634. In the absence of statutory provisions to the contrary, there can be no recovery against the State or a municipal corporation for injuries caused by negligence in the exercise of functions which are essentially discretionary or governmental in nature, although liability may attach for acts which are ministerial in nature. Based upon the evidence submitted, it is clear that the decision to post deer warning signs at a particular location is an exercise of a governmental function in determining whether such signs are necessary. Therefore, the particular State agency involved in that decision-making process is held immune from liability for accidents claimed to have been caused by its failure to erect a deer warning sign. This principle is reaffirmed in Locigno v . City of Chicago (1961),32 Ill. App. 2d 412, 421, in which the court held that the regulation of traffic is a governmental function. In the instant case, since the State did not undertake to place deer signs on Route 180, it may not be held liable. The State created no danger on the highway and the highway was not defective. As such, the State had no duty to post deer warning signs at the location in question.

12

It is therefore ordered, adjudged and decreed that

the complaint is dismissed, with prejudice.

( N o . 77-CC-1251-Claimants awarded $85,000.00.)

J ANE

and

JOHN

DOE, Claimants, v. THE STATE Respondent.

Opinion filed August 4,1986

OF

ILLINOIS,

PELINI, CREWELL SHEFFLER, for Claimants. & NEIL F. HARTIGAN, Attorney General (SUE MUELLER, Assistant Attorney General, of counsel), for Respondent.

NEGLIGENCE-state may be held liable under respondeat superior. In an action arising from the negligence, malfeasance, or misfeasance on the part of a State agent or employee, the State may be held liable under the doctrine of respondeat superior. SAME-sexual molestation b y negligently placed ward-respondeat superior-award granted. Under the doctrine of respondeat superior, an award was granted to licensed foster parents whose child was sexually molested by a ward of the State who was temporarily placed in the foster parents' home, since the record established that agent of the State who made the placement negligently failed to inform the foster parents of the ward's prior history of aggressiveness, behavioral disorders and homosexuality, and that negligence was the proximate cause of the damages resulting from the attack.

MONTANA, C.J. This is a claim for psychological, behavioral and physical damage suffered by the child of licensed foster parents who was sexually molested by a ward of the Respondent's Department of Children and Family Services (hereinafter referred to as DCFS) that was temporarily placed in the household of the foster parents. A hearing was not held in this matter, however a stipulation of facts was filed along with an additional stipulation of facts and, pursuant to an order entered in

13

November of 1982, certain other documents were allowed into evidence. A brief was filed by the Claimants, but the Respondent failed to file any brief although ordered to do so by the commissioner. The commissioner has duly filed his report and the matter is now before the Court for a decision. Mr. and Mrs. John Doe were licensed foster parents with DCFS. They had several sons, one of whom was Tom, a seven-year-old who resided with them and of whom DCFS was aware. On July 17,1975, a caseworker for DCFS inquired of the Does whether they would agree to be temporary foster parents for Richard D. Campbell, Jr., an 18-year-old ward of DCFS. This caseworker was familiar with the Doe's family situation. During the conversation Jane Doe asked the caseworker whether there was anything about Campbell which she should know and the caseworker said no. Relying upon the caseworker's representations, the Does agreed to be temporary foster parents for Campbell. On July 18, 1975, a different caseworker for DCFS dropped Campbell off at the Doe household. Upon his placement in the Doe household, Campbell was told by the Does that he would sleep in the same room with their son, Tom. On more than one occasion during the evenings of July 19-20 and 20-21, 1975, Campbell sexually molested Tom Doe in the bedroom of the Doe home occupied by Campbell and Tom Doe. Jane Doe contacted the DCFS office in Champaign, Illinois on July 21, 1975, and requested the removal from her household of Campbell because of the sexual assaults made upon her son by Campbell. Instead of taking immediate action upon receiving such serious allegations representatives of DCFS advised her that Campbell could not be removed

14

from her household on that day and he would have to spend yet another evening in her household. On the evening of July 21-22, 1975, Richard D. Campbell, Jr. still resided in the Doe household. On July 22, 1975, representatives of DCFS removed Campbell from the Doe household. On July 29, 1975, Campbell was charged by indictment with the offense of indecent liberties with a child in that he had performed a lewd fondling or touching of Tom Doe, a minor under the age of 16 years, with the intent to arouse or satisfy his sexual desires, which indictment was filed in the Circuit Court of Champaign County, Illinois, in the cause entitled "The People of the State of Illinois v. Richard D. Campbell, Jr., 75-X-1123, Champaign County, Illinois." Campbell entered a plea of guilty to the charge on October 29,

1975.

After careful and lengthy review of the record, we find that we agree with the Claimants' assertion that the Respondent, through its agent, DCFS, was negligent in failing to inform the Does prior to the placement of Richard D. Campbell, Jr., in the Doe household that Campbell had a prior history of aggressiveness, behavioral disorders, and homosexuality and that the negligence of DCFS was the proximate cause of the damage suffered by Tom Doe. The record indicates that the caseworker for DCFS responsible for placing Campbell with the Does was aware that Campbell had a propensity for aggressiveness, behavioral problems and homosexuality and that Campbell would be sharing a room with one of the Doe sons, yet he failed to inform the Does that Campbell had any problems of which they should be aware. He knew or should have known that he had a responsibility to provide the Does this informa-

15

tion, but negligently failed to do so and under the doctrine of respondeat superior the State of Illinois can b e held ultimately responsible for malfeasance, misfeasance or negligence on the part of its agents and employees. See, e.g., MaZZoy 0. State (1949), 18 Ill. Ct. C1. 137. According to the record, including the evidence deposition of the Claimants' expert witness, a counseling psychologist who had evaluated him, Tom was a typical well-adjusted seven-year-old until Campbell was placed in the Doe home as a foster child. Since that time Tom had many psychological problems which are not necessary to describe for purposes of this opinion. The problems were serious and did affect his relationship with others, and in particular with his family. He seems to have made much progress in overcoming these problems during early adolescence. Although the extent of the problems remaining was not capable of being exactly identified, it was clear seven years after the incidents that he still had a habit disorder which would affect his relationships with others and likely suffered from other problems associated with the trauma. The record seems to indicate that counseling has been discontinued. As for a prognosis, it could not be said that he would recover completely from the experience nor was there any certainty that other problems would not manifest themselves later on in life. Although out of pocket expenses were stipulated to be only $1,477.80, the severe impact on the victim is undeniable. Affixing a monetary award in such a case is most difficult. Our research has revealed little. After much deliberation it is our decision to award $85,000.00 in compensation in this claim.

16

It is hereby ordered that the Claimants herein are

awarded $85,000.00 of which $1,477.80 is for John Doe and Jane Doe individually and the balance is for them as parents and guardians for the use and benefit of Tom Doe. It is further ordered that the record in this matter be sealed and the names John, Jane and Tom Doe be substituted for the parents and their son, respectively, in the reported decision in this matter.

(No. 77-CC-2478-Claimant awarded $63,370.45.)

MADISON-KEDZIE, INC., Claimant,

z).

THE STATE

OF

ILLINOIS,

Respondent,

Opinion filed December 31,1986.

LISCO & FIELD, for Claimant.

Attorney General (JAMES A. NEIL F. HARTIGAN, KOCH, Assistant Attorney General, of counsel), for Respondent.

CONTRACTS-What necessary to sustain affirmative defense of fraud. In an action by a vendor to recover payments allegedly due, the State must prove its affirmative defense of fraud by clear and convincing evidence, and the State must also prove that the Claimant vendor made a false representation with the intent to deceive, all of which cannot be based on mere suspicion. SAME-claim for services rendered welfare recipients-State had no authority to terminate Claimant as vendor-fraud not proved-claim allowed. The Court of Claims granted an award for vendor payments due the Claimant for services rendered to welfare recipients for the period of time after the State allegedly terminated the Claimant as a vendor under the Medical Assistance Program, since the evidence established that at the time of the alleged termination the State did not have authority to suspend or terminate the Claimant, and the State failed to establish by clear and convincing evidence its affirmative defense of fraudulent conduct by the Claimant.

17

POCH,J. The Claimant, Madison-Kedzie, Inc., seeks an award of $63,370.45in payments claimed to be due from the Illinois Department of Public Aid for vendor payments due for services rendered to or on behalf of welfare recipients. This claim was presented to a commissioner of this Court for the taking of evidence. The Claimant alleges that the Respondent did not have the authority to terminate the Claimant as a vendor under the Medical Assistance Program and that the Respondent did not prove the Claimant was guilty of fraud and, therefore, the Claimant is entitled to the full amount requested. The Respondent argues that the Claimant should be paid for services only until the date of its termination from the program and that in the alternative that the claim should be denied in its entirety due to Claimant's fraudulent conduct in providing claimed services to welfare recipients. The evidence is summarized as follows: The Claimant seeks an award of damages for the nonpayment of 7687 prescriptions provided to welfare recipients who were receiving public assistance from the Illinois Department of Public Aid (IDPA), an agency of the Respondent. During 1975 the IDPA conducted an audit of the Claimant's pharmacy business, which for the most part provided services to public aid recipients. The IDPA decided to terminate the Claimant as a provider and advised the Claimant that it would be terminated effective February 27,1976. The Claimant appealed this decision which was ultimately upheld by the Director of the IDPA on February 25, 1977. Thereafter, the Claimant filed this claim in this court. Hiram Anderson, a co-owner of the Claimant's pharmacy business testified that the Claimant submitted

18

duplicates of prescriptions filled by the pharmacy which was the only documentation required by IDPA in 1976. Anderson testified that the Claimant was not paid $20,252.00 for prescriptions filled between February 11, 1976, and February 27, 1976. The remaining amount claimed results in the prescription fees from February 27, 1976, until July 1976 while the termination was in the internal appeal process. The Respondent's witness, Michael L. Berger, testified that he did not know how much of the $20,252.00 claimed was paid by IDPA. The Respondent also called Lawrence G. Thompson to support its affirmative defense that the Claimant had engaged in fraudulent conduct and, therefore, its claim should be barred by the provisions of section 14 of the Court of Claims Act (Ill. Rev. Stat. 1977, ch. 37, par. 439.14), and by the provisions of section 8A-1 of the Illinois Public Aid Code (Ill. Rev. Stat. 1983, ch. 23, par. 8A--1). Thompson reviewed the prescription forms in 1982. He questioned less than two percent of all the prescriptions submitted. The Claimant initially argues that the director of IDPA was not authorized at that time to terminate vendors under the Medical Assistance Program that were suspected of fraud. This court in Z 6 D Pharmacy v . State (1984), 37 Ill. Ct. C1. 37, has decided the same issue as raised herein. The decision in Z 6 D Pharmacy was based upon the ruling of the Illinois Supreme Court in Bio-Medical Laboratories, Znc. v. Trainor (1977), 68 Ill. 2d 540,370 N.E.2d 223. In Bio-Medical the director of IDPA attempted to terminate a vendor from participation in the Medicaid program for welfare recipients. The supreme court found that the director was not entitled to suspend a vendor where there were no intelligible standards provided to guide the director in the exercise of his discretion. In the absence of

19 statutory authority, the director may not suspend a vendor. In addition section 12- of the Illinois Public 15 Aid Code (Ill. Rev. Stat. 1977, ch. 23, par. 12-15) provides that the Attorney General may file suit against vendors to recover overpayments made to vendors. Since the decision in Bio-Medical, the General Assembly has enacted section 12-4.25 of the Illinois Public Aid Code (Ill. Rev. Stat. 1977, ch. 23, par. 124.25), which allows under certain conditions the IDPA to terminate or suspend a medical vendor and withhold payments. This statute was effective on December 1, 1977. Pursuant to section 12-4.26 of the Illinois Public Aid Code (Ill. Rev. Stat. 1977, ch. 23, par. 12-4.26), the powers conferred by section 12-4.25 are effective only subsequent to the effective date of December 1, 1977 (with certain enumerated exceptions not relevant in this case). In Roth v . Department of Public Aid (1982), 109 Ill. App. 3d 457, 440 N.E.2d 910, the IDPA attempted to recoup payments made to a vendor of medical services prior to December 1, 1977. The appellate court found that section 12-4.26 of the Illinois Public Aid Code does not authorize the IDPA to exercise powers of recoupment retroactively. The Department would be able to recoup funds, but only by exercising its common law right by bringing a civil action for recovery of funds. In I G D Pharmacy v. State (1984), 37 Ill. Ct. C1.37 this Court ruled on the identical issue raised in the instant case. It was held in that case which is dispositive of the same issue raised herein, that:

"The Respondent's initial defense is that the services rendered after the contract was terminated by the director on February 28, 1976, are not entitled to payment. The director took such action without referral of the

20

claimed fraud to the Attorney General for prosecution. . . . While the director has the authority to promulgate rules governing the quality and quantity of medical services rendered by vendors . . . there is no authority for the director to act as he did in the instant case terminating Claimant's rights under the contract. . . . We therefore find that the director's action was improper and that the Claimant could continue to fill prescriptions until the date it voluntarily terminated its participation in the medical assistance program." 37 111. Ct. CI. 37, 38-39.

In the instant case the IDPA determination was made before the effective date of section 12-4.25 of the Illinois Public Aid Code. Based on the authority cited herein the Respondent is not entitled to withhold payments because the director of IDPA did not have the authority at the time he did so to suspend or terminate a vendor as he did in this claim. The director could have referred this matter to the Attorney General but did not do so. Therefore, the Claimant would be entitled to payment unless the Respondent could sustain its affirmative defense that the claim is barred by Claimant's alleged fraud. In order to sustain its affirmative defense of fraud the Respondent must prove the fraudulent conduct by clear and convincing evidence. The Respondent must also prove the Claimant made a false representation with the intent to deceive. Such evidence of fraud must be affirmatively proved by clear and convincing testimony and cannot be based on suspicion. Bethune Plaza, Znc. v . State Department of Public Aid (1980), 90 Ill. App. 3d 1133, 414 N.E.2d 183; Oltmer v . Zumom (1981), 94 Ill. App. 3d 651,418 N.E.2d 506.

A review of the evidence offered by the Respondent on its affirmative defense of fraud shows that the Respondent has not met its burden of proof by clear and convincing evidence. The Respondent's witness questioned less than two percent of the prescriptions submitted. While the Claimant could have kept better

21

records, that does not equate to proof of fraud. The Respondent has not met its burden of proof on the affirmative defense of fraud, and therefore the Claimant is entitled to an award for the amount claimed. See Z 6 D Pharmacy v . State, supra, for the discussion of fraud as an affirmative defense in a similar factual situation. Based upon all the evidence presented, the Claimant, Madison-Kedzie, Inc., has proved its entitlement to an award of $63,370.45. It is hereby ordered: That the Claimant, Madison-Kedzie, Inc., be awarded the sum of sixty-three thousand, three hundred seventy dollars and forty-five cents.

( N o . 79-CC-0454-Claimants awarded $34,500.00.)

WILLIAM

JAGER

et al., Claimants, v . THE STATE

OF ILLINOIS,

Respondent.

Opinion filed April 30,1986. Order on denial o f petition for rehearing filed September 8,1986.

EDWARD R. VRDOLYAK, LTD. (BRUCE M. BOZICH, of counsel), for Claimants. NEIL F. HARTIGAN, Attorney General (M ARY A. MULHERN, Assistant Attorney General, of counsel), for Respondent.

NEGLlGENCE-COl~~nwith State police car at intersection-officer negligent-awards granted. Awards were granted to several persons who were passengers in a van which was struck at an intersection by a State

police car which was responding to a call for help, since the evidence

established that the State trooper's negligence was the proximate cause of the resulting collision and injuries.

OPINION MONTANA, C.J. This is a claim for damages suffered as a resu-, of a collision between a vehicle driven by William Jager and an Illinois State Police automobile operated by an Illinois State Trooper on the evening of April 24,1977, at the intersection of Cedar Road and Francis Road in New Lennox, Illinois. Hearings have been held for this claim, all parties have filed their briefs, and the commissioner has duly filed his report. The matter now comes before the Court for a decision. The evidence shows that Cedar Road is a two-lane, two-way north-south street and Francis Road is a twolane, two-way east-west street. The intersection is controlled by four-way stop signs. Claimant William Jager was driving a van owned by Charles Jager in a northerly direction upon Cedar Road. Claimants Maureen Jager, Pamela Morrison-Zakhar, Roger Rodeck and Theresa Settles were passengers in the Jager van. As the Jager vehicle came to a stop at the stop sign, a pickup truck operated by Jean Ann Timm entered the intersection eastbound on Francis Road, having previously stopped for the stop sign for eastbound traffic at that intersection. At the same time, an Illinois State Police squad car, driven by Trooper Richard Nichols was entering the intersection in a southerly direction on Cedar Road. The police car collided with the pickup truck in the intersection and then struck the Jager van and stopped just south of the intersection.

23

The issue presented for consideration is whether the State trooper was guilty of negligence which proximately caused the accident and the resulting injuries to Claimants. Four witnesses testified as to the actions of Trooper Nichols at the time of the occurrence. Trooper Nichols testified that just prior to the occurrence, while driving his vehicle southbound on Cedar Road, he received a radio call of an officer needing assistance when he was approximately threefourths of a mile to a mile north of the intersection. He stated he activated his vehicle's red flashing lights upon hearing the call and proceeded toward the intersection at 30 to 35 miles per hour. He was unable to estimate how much time elapsed from activation of the lights until the first impact. He never turned on the siren prior to the accident nor did he ever sound the horn. He braked before entering the intersection at about 20 miles per hour, not stopping at the stop sign since he saw all the vehicles at the intersection including a Cadillac stopped westbound on Francis Road and all the vehicles seemed to him to be yielding to him. As he was threefourths of the way through the intersection he observed the pickup truck entering the intersection. He collided with the pickup truck and then veered to his left striking the stopped van. His vehicle finally stopped 70 feet south of the intersection. He admitted never applying his brakes just prior to the collision with the pickup truck. William Jager testified that he was approximately

20 car lengths south of the intersection when he saw the police vehicle approximately the same distance north of

the intersection. He estimated the speed of the police vehicle to have been at least 55 miles per hour and stated that it had not activated its flashing red lights. The

24

flashing lights were activated when the police car was about 50 feet from the intersection but, by that time, the pickup truck had already entered the intersection. The police car never reduced speed prior to entering the intersection and collided with the pickup truck, veered into the northbound lanes of Cedar Road, collided headon with the van, pushing the van backwards two car lengths and then careened off about 150 feet further south, striking a telephone pole. Eyewitness Gary Gossett testified that he was operating a vehicle northbound 30 to 40 feet directly behind the Jager van just before the collision. He stated that prior to entering the intersection the police car only had headlights on, that upon entering the intersection its flashing lights were activated no more than one or two seconds prior to the impact between the pickup truck and the police car, and that the police car was traveling about 35 miles per hour, never slowing down before impact. Finally, Jean Ann Timm, the driver of the pickup truck, testified that she first saw the police vehicle when it was approximately one quarter mile north of the intersection and that it had no flashing lights on at that time. After she stopped at the intersection she saw a flash of red light and was simultaneously jolted by impact with the police car. She said the police car ended up resting against a telephone pole 70 to 80 feet south of the intersection. In the opinion of the Court it has been proven, by a preponderance of the evidence, that Trooper Nichols was negligent in the operation of his vehicle. He, admittedly, failed to activate his siren or horn prior to entering the intersection at which he observed three vehicles. He failed to stop at the stop sign. We are

persuaded, from the force of the impact with Claimants' vehicle and the fact that he ended up colliding with a telephone pole 70 feet south of the intersection after two impacts, that his speed was in excess of his estimate of 20 miles per hour and was in excess of that which was reasonable considering the circumstances. Additionally, according to two witnesses who are not parties to this action, he failed to activate his flashing red lights until seconds before the first impact, too late to provide warning to the pickup truck entering the intersection. Since, by all accounts, the Jager`van was at a stop at the stop sign at the time of the impact, there can be no question of any contributory negligence on the part of its driver, William Jager.

As to the injuries suffered, the evidence was undisputed. Claimant Maureen Jager, immediately after the accident was bleeding from her right eyelid and her right ankle was swollen and painful. She was transported by ambulance to Silver Cross Hospital where her eyelid was sutured by Dr. Tsai. She was obliged to use crutches to accommodate the soft tissue injury to her ankle for three weeks. She saw Dr. Moll of Frankfort Clinic three times and saw Dr. Tsai for a second time for the removal of the sutures. Her complaints at the time of the hearing were occasional ankle pain and drooping of her right eyelid and scarring from the sutures. Her medical special damages amount to $431.00. We find that she is entitled to an award of $3,500.00.

William Jager was knocked out of the driver's seat of his van from the force of the impact. He was knocked unconscious and was revived at the Silver Cross Hospital. He suffered a laceration of the head which was sutured. He suffered headaches for one week and lost two days of work, amounting to $80.00. His medical

26 special damages amounted to $237.00. We find that he is entitled to an award of $1,000.00. Claimant Pamela Morrison-Zakhar was seated on the floor of the van at the time of the impact. As a result of the impact she was propelled forward to the front of the van where she struck her face and knees against various objects. She was taken by ambulance to Silver Cross Hospital where her upper lip was sutured. She was referred to Dr. Svalina, an oral surgeon, who testified that she had the following damage: left incisor was completely avulsed and missing; a fractured crown of the right central incisor, a fractured crown of the left lateral incisor; avulsions out of the socket of teeth Nos. 10-12; and a fractured root of tooth No. 12, the left first premolar. Treatment consisted of placement of a wire fixation device around the damaged and adjacent teeth. Recently, she has had continuing problems including the fact that the end root of her upper left cuspid tooth has begun to protrude through the wall of the bone which may reflect a rejection process of the tooth. Dr. Kosel, her regular dentist, fashioned and installed a temporary and then a permanent bridge in her mouth, which in her lifetime might need to be replaced four to six times because of normal wear and tear. In March of 1982 she was treated by Dr. Garber, a dentist who replaced the bridge installed by Dr. Kosel because of receding of the gums. Approximately one year after the accident Claimant Morrison-Zakhar was operated on by Dr. Gotsis, a plastic surgeon who recut her lip as a result of lesions from her lacerations. She has suffered swelling and pain in both of her knees requiring X rays and temporary restriction of activities. Kneeling or standing for long periods of time still hurts her knees. ,Her medical and

27

dental bills thus far are $4,944.00. Expected bridge replacements were estimated at $14,400.00. We find that she is entitled to an award of $30,000.00.

As to Claimants Roger Rodeck, Theresa Settles and Charles Jager, no evidence was presented on their behalf and we find, therefore, that their claims must be denied.

Wherefore, it is hereby ordered that awards be granted in this case to the following persons in the following amounts: (a) $3,500.00 to Maureen Jager

(b) $l,o00.00 to Willlam Jager

(c) $30,000.00 to Pamela Morrison-Zakhar It is further ordered that the claims of Roger Rodeck, Theresa Settles, and Charles Jager, be denied.

(No. 79-CC-0871-Claimant awarded $55,346.21.)

MARGARET TZINBERG, Assignee of the Claim of Gem Super Drugs, Inc., d/b/a Gem Rexall Drugs, Claimant, 0.THE STATE OF ILLINOIS DEPARTMENT OF PUBLIC AID, Respondent.

Opinion filed November 3,1986.

GOLDENHERSH OLDENHERSH, for Claimant. &G NEIL F. HARTIGAN, Attorney General (WILLIAM E. WEBBER, Assistant Attorney General, and JAMES RADER, of counsel), for Respondent.

CONTRAcrS-fraUd-bUrden of proof. It is well established in Illinois that the burden of proving fraud is on the party alleging the fraudulent conduct.

28

SAME-claim for services provided welfare recipients allowed.

Claimant was allowed an award as payment for the services provided to welfare recipients from the time of the alleged "suspension" of the Claimant's contract to provide such services until the time of the actual termination, since the State's contention that the Claimant was guilty of fraud was not supported by the evidence, and the continued conduct of business after the "suspension"constituted an acknowledgment by the State that the services in question were provided at the State's request.

HOLDERMAN, J.

This suit involves the claim of Margaret Tzinberg, assignee of the claim of Gem Superdrugs Incorporation, d/b/a Gem Rexall Drugs (GEM) against the State of Illinois Department of Public Aid (IDPA) for payments on prescriptions allegedly furnished to recipients of public aid in conjunction with the Public Aid Medical Plan. GEM alleges that it furnished prescriptions in the amount of $65,359.24 to public aid recipients for which it was never paid. IDPA alleges two defenses-first, that the claims submitted to IDPA for these prescriptions were fraudulent; and second, that GEM was suspended from participation in the public aid program as of July 2, 1974, and that therefore any billings subsequent to that date are not allowable. The facts of the case show that GEM was owned by a pharmacist by the name of Jack Tzinberg. Tzinberg entered into an agreement with IDPA on January 30, 1969, under the auspices of the Medical Assistance Program of IDPA to provide pharmaceuticals to recipients of public aid. Under the terms of this program, pharmacists who have been approved by the IDPA are entitled to be reimbursed for pharmaceuticals that they dispense to public aid recipients so long as they file a claim for the pharmaceuticals in a manner prescribed by the IDPA. The rules and regulations of the IDPA, as well as the billing procedures, are set out in the manual sent by IDPA to participating pharmacies. The

29

terms of the agreement between GEM and IDPA provide that the agreement may be terminated by the pharmacy or by IDPA at any time upon written notice. During the year 1974, Tzinberg was the general manager of GEM. The business was dissolved in 1979, and the only shareholder was Tzinberg's wife, Margaret Tzinberg. By virtue of this status, Margaret Tzinberg acquired her position as assignee of the claim of GEM. Tzinberg testified that during the year 1974, GEM dispensed pharmaceuticals to public aid recipients for which they were not reimbursed in the amount of $65,359.24. Tzinberg testified these claims were all proper, they were not fraudulent, they were submitted in compliance with proper IDPA procedures, and they were submitted in compliance with procedures that had previously been approved by IDPA. Tzinberg acknowledged, however, that GEM had received a telegram from the director of the Department of Public Aid on July 2, 1974, stating that:

"This telegram will serve as notification that until further notice the Illinois Department of Public Aid is suspending payment to the above named drug store as a result of significant irregularities discovered during the preliminary investigation."

Furthermore, Tzinberg acknowledged the receipt of a letter dated July 22, 1974, which stated:

"This is to notify you that GEM Rexall Pharmacy is suspended from participation in the Department of Public Aids medical assistance program effective with the date of your receipt of this letter."

1

Claimant has argued throughout this case that these documents should have no effect. Claimant's position is that the term "suspension" did not give GEM adequate notice that it was terminated from the program. Tzinberg admitted, however, that upon receipt of the telegram he immediately contacted the Illinois Pharma-

30

ceutical Association to determine whether he should continue filling prescriptions. The amounts involved in this matter are $43,049.37, which is the amount billed after July 2, 1974, and $22,309.87, which is the amount billed prior to July 2,

1974.

Respondent has raised the issue of fraud as a defense to payment of these bills. It is well established in Illinois that the burden of proving fraud is on the party alleging the fraudulent conduct. Cole v . Zgnatius (1983), 114 Ill. App. 3d 66,448 N.E.2d 538. Respondent produced seven witnesses at the trial in an effort to prove fraud. The witnesses, in the opinion of the Court, did not establish fraud. There is a notation to the effect that Claimant was fined on a fraud charge. The evidence in the record indicates that the fraud allegations were made in reference to events in 1973 and the indictment was in 1976. Claimant states there were important witnesses who were no longer available and they had not been informed exactly what the accusations were. Claimant alleges that Mr. Tzinberg was suffering from cancer and underwent surgery for the removal of the same, and that because of his ill health and in order to avoid further acceleration of his illness, they agree that the Court make a finding on the fraud charges. Claimant further alleges there was no element whatever of any admission of fraud in the disposition of the charges, and that fraud was specifically denied by Claimant. Claimant cites as a defense of her position the case of McCottreZZ v . Benson (1961), 32 Ill. App. 2d 367, 178 N.E.2d 144. This case states that a plea of guilty in a criminal proceeding is admissible as an admission

31

against interest in civil proceedings arising from the same events; however, a record of a conviction is not admissible. Claimant also cites the case of Cogdill v . Durham (1976),43 Ill. App. 3d 940,358 N.E.2d 6, which states that even when a plea of guilty is admitted in a civil case, the affected party is entitled to offer an explanation of the plea of guilty, in diminution of the weight of the admission, which is to be considered along with all of the other evidence. This Court is of the opinion that the fraud charge is not supported by the evidence submitted by Respondent. One of the most important elements in this case, in the opinion of the Court, is that after the two notices to Claimant in July, business continued as before between Claimant and Respondent, and it was not until the letter of November 22, 1974, that the termination became effective. This seems to be a clear acknowledgment that Claimant did not consider the July letter and telegram to terminate the contract and the effective date was November 22, 1974. It is acknowledged that the items for which Claimant is attempting to collect were furnished at the request of Respondent and the orders were filled by Claimant as they had done in the past. This, in the opinion of the Court, is very clear evidence that Respondent did not believe that the letter and telegram sent to Claimant in July were effective in terminating the contract. It is the opinion of the Court that Claimant is entitled to an award in the amount of $55,346.21, the total amount of payments due Claimant from January 1974 to November 1974, the actual termination date of the contract.

32

(No. 80-CC-0298-Claimant awarded $10,000.00.)

HARDY LEWIS, Claimant, 2). THE STATE OF ILLINOIS, Respondent.

Opinion filed July 3,1986.

GERALD C. BENDER, for Claimant.

NEIL F. HARTIGAN, Attorney General (JOHN R. BUCKLEY, Assistant Attorney General, of counsel), for Respondent.

STiPuLATioNs-prisoner-personal injuries- stipulation- award granted. In the matter of a claim arising from personal injuries sustained

while the Claimant was a prisoner at a Department of Corrections facility, an award was granted based on the stipulation of the parties, since the record established that the stipulation appeared to have been entered into with full knowledge of the facts and law and was for a just and reasonable amount.

MONTANA, C.J.

This cause comes before the Court on the parties' joint stipulation settlement which states: This claim arises from personal injuries that occurred to the Claimant when he was a prisoner at a facility owned and operated by the State of Illinois Department of Corrections. The parties have investigated this claim, and have knowledge of the facts and law applicable to the claim, and are desirous of settling this claim in the interest of peace and economy. Both parties agree that an award of $10,000.00 is both fair and reasonable. Claimant agrees to accept, and Respondent agrees to pay Claimant $10,000.00 in full and final satisfaction of this claim and any other claims against Respondent arising from the events which gave rise to this claim.

33

The parties hereby agree to waive hearing, the taking of evidence, and the submission of briefs. This Court is not bound by such an agreement but it is also not desirous of creating or prolonging a controversy between parties who wish to settle and end their dispute. Where, as in the instant claim, the agreement appears to have been entered into with full knowledge of the facts and law and is for a just and reasonable amount, we have no reason to question or deny the suggested award. It is hereby ordered that the Claimant be awarded

$10,000.00, in full and final satisfaction of this claim.

(No. 80-CC-0973-Claim dismissed.)

THE

PATRICIA RUTLEDGE, Claimant, u. THE BOARD OF TRUSTEES OF UNIVERSITY OF ILLINOIS AND THE STATE OF ILLINOIS,

Respondents.

Order on motion to dismiss filed Ianuary 19,1983. Order on motion to dismiss filed January 26,1983. Order filed May 13,1987.

FRANK J. MACKEY, ., for Claimant. JR BAKER & MCKENZIE, Respondents. for

NEGLIGENCE-medical malpractice-stipulation-cause dismissed.

Based on a stipulation of the parties, the Court of Claims dismissed with prejudice and without costs to either party, the Claimant's action alleging wrongful acts by a State hospital.

ORDER O N MOTION T O DISMISS HOLDERMAN, J. This matter comes before the Court upon motion of

34

Respondent to dismiss and Claimant's objections to said motion. Respondent's motion sets forth that Claimant's complaint lists the dates of February 25, 1977, through July 28, 1978, as being the period of time when the University of Illinois Hospital allegedly performed the various wrongful acts constituting negligence against Claimant. The latest date listed in the complaint upon which an act of negligence could have occurred is July 28, 1978. Respondent's motion sets forth that a suit arising out of the same period of hospitalization and the same injuries in the Circuit Court of Cook County, Illinois, styled Rutledge v. Dow Corning, 81 L 4304, in response to a demand for a Bill of Particulars filed by the Dow Corning Corporation, Claimant stated she

underwent corrective surgery for the negligence

previously alleged on July 28, 1978. Respondent's motion further states that if Claimant was receiving corrective surgery on that date, she must have had some injury prior to that time. Respondent's motion states that Claimant did not file a notice of claim until April 18, 1979, nearly nine months after the corrective surgery in question, and if she had corrective surgery on that date, she must have known about it previously and, therefore, the notice she filed was too late. Respondent states that while the suit in the Circuit Court of Cook County was filed on February 23, 1981, the Court has never been formally notified of the existence of this action. Respondent's motion states that the complaint of Claimant listed five separate incidents between February 25, 1977, and July 28, 1978, when surgery was performed upon Claimant, and that nowhere in the complaint is it stated whether the alleged

35

malpractice involves some, all or any of the particular operations mentioned. It is hereby ordered that Respondent's motion to dismiss be, and the same is, granted, and this cause is dismissed. ORDER ON MOTION TO DISMISS

HOLDERMAN, J.

This cause comes on to be heard on the motion of Respondents to dismiss and objections to said motion by Claimant. The Court being fully advised of the premises and oral argument having been waived by both parties, it is hereby ordered that the complaint and amended complaint of Claimant be, and the same are, dismissed and held for naught for said Claimant's failure to comply with the prerequisites of the Court of Claims Act, the Court of Claims rules and the statutes of limitations. Said dismissal is and shall be with prejudice and any action hereinafter filed by Claimant Patricia Rutledge against said Respondents shall be forever barred. ORDER

HOLDERMAN, J.

Pursuant to stipulation by and between the parties hereto, and it appearing to the Court that all costs have been paid and all matters in controversy for which said action was brought have been fully compromised, settled and adjourned; It is hereby ordered, adjudged and decreed that the above-entitled action be, and the same hereby is,

..

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dismissed with prejudice and without costs to either party.

(No. 81-CC-0410-Claimants awarded $382,420.64.)

JOHNSON

COUNTY ASPHALT, I NC., THE KNP CORPORATION, FRANK NUTTY, I NC., and PAUTLER BROTHERS CONTRACTORS, INC., Claimants, v. THE STATE OF ILLINOIS, Respondent.

Opinion filed February 24,1987.

DUBAIL,UDGE, KILKER, O'LEARY& SMITH, for J Claimants.

NEIL F. HARTIGAN, Attorney General (WILLIAM E. WEBBER, Assistant Attorney General, of counsel), for Respondent.

CoNmAcrs-no right to additional compensation unless delays solely caused b y State. The general rule is that a contractor is bound by contract's damage provisions, and unless the State is solely responsible, the contractor has no right to additional compensation for delays preventing timely completion of the contract, but where the State is the sole cause of the delays, the contractor is entitled to damages for his increased costs. SAME-dekZyS caused by State-indirect costs allowed. When the State causes delays in the completion of a contract, then even the indirect costs, not previously included in any change order issued by the State, are recoverable by the Claimant contractor. SAME-highway construction contract-delays caused p a r t i d y b y State errors-award granted. Where the record established that the delays in the timely completion of a construction contract for a highway was partially caused by the miscalculations of the State, the Claimant contractor was allowed a percentage of the claim which was filed for additional costs incurred due to the State's errors.

MONTANA, C.J. This action was brought by the Claimants for damages allegedly caused by Respondent's breach of contract between Claimants and the Illinois Department of Transportation for the construction of a portion of Interstate Route 55 in McLean County, Illinois.

37

Claimants are individual contractors who formed a joint venture to carry out the construction provisions of the contract. Hearings were held before Commissioner Robert J. Hillebrand. The parties have filed their briefs and Commissioner Hillebrand has duly filed his report, so the matter is now before the Court for a decision. The facts in this claim are largely undisputed. On June 26, 1973, Claimants entered into a contract with Respondent that provided for Claimants to construct a section of Interstate 55. Interstate 55 in the area of construction was to replace U.S. Route 66. The construction schedule provided that traffic would use a portion of U.S. Route 66 while the corresponding portion of 1-55 was under construction. During the course of excavation and construction, numerous delays occurred. These delays extended the contract completion by a total of 167 days. As a result of these delays, Respondent adjusted the total contract price based upon a claim submitted administratively to the Department of Transportation. The parties reached an agreement whereby Claimants would be compensated for their direct costs which could be allocated to the delays. These were based upon the provisions of the Department's standard specifications for road and bridge construction then in effect, which were part of the contract documents. However, a portion of the administrative claim was not allowed by the Department because the contract documents and specifications do not expressly allow for such expenses. That portion was for general and administrative overhead costs incurred by Claimants during the operation of the construction project which are not directly attributable to the costs on the job. These include such expenses as utilities at home offices, secretarial and office personnel,

38

postage, bookkeeping and accounting, taxes, contributions, and insurance, to name but a few. The total amount of this claim is $504,807.11. The general rule is that the contractor is bound by the damage provisions of the contract and has no right to additional compensation for delays which prevent the contractor from completing the contract unless the delays are the sole responsibility of the State. (Walsh Construction Co. v . State (1964), 24 Ill. Ct. C1. 441.) If delays are caused by the State, including delays resulting from bid plans and specifications prepared in error by the State, then the contractor is entitled to damages for his increased costs resulting from the delays. Egixii Electric, Znc. v . State (1978), 32 Ill. Ct. C1. 93; Warchol Construction Co. v . State (1979), 32 Ill. Ct. C1. 679. There was one significant cause for delay. It resulted from two errors made by the State engineers who prepared the plans and specifications, both of which errors were admitted by the State in testimony and in communications received into evidence. These impacted upon the time needed to complete excavation of the roadbed and construction of overpasses. In order to construct the roadbed for 1-55, the plans called for Claimants to secure dirt from other areas and also to use dirt below the existing U.S. Route 66. The first error by the State in determining the quantity of dirt available to Claimants was in the "shrinkage factor." "Shrinkage" occurs when dirt is moved to the construction site from a site away from the construction area. It is dependent upon the type of dirt, the size of the cut from which the dirt is taken and the distance the dirt is transported. The State estimated this shrinkage factor at 154;. The field experience proved that in fact

39

shrinkage was over 30%.Because of the size of the project, this created a demand for much more dirt than was originally provided by the State. The second error involved use of dirt below the existing U.S. Route 66 roadbed. The plans called for Claimants to utilize this dirt during phases of the project. However, because the contract also required U.S. Route 66 to remain open to traffic during construction of 1-55, this dirt was not available from the areas of U.S. Route 66 adjacent to the construction site as the State plans had anticipated. As a result of both of these errors, dirt for construction had to be found in other areas and transported over longer distances. Not only did the State admit its plans were in error, but it also admitted this shortage of dirt forced Claimants to perform work well beyond the original scope of the contract and further admitted such shortage of dirt could not have been anticipated by Claimants at the time they bid on the contract. Therefore, the delays caused by this problem are solely attributable to Respondent, and Claimants are entitled to damages caused from such delays. Claimants have also alleged delays caused by what they term drainage errors, an omitted connection, an error in quantities of certain stone, an error in a working day charged against Claimants, and an erosion problem. However, taking the evidence as a whole, the Court finds that these errors were not caused solely by the State but rather should have been predicted by Claimants when they submitted their bid. Claimants failed to produce evidence that these delays were caused by State errors or negligence other than Claimants' allegations that such was the case. These latter problems contributed 35 days to the total of 167 days' delay. Therefore, 79%of the total delay, or 132 days, is the sole responsibility of the State.

40

The State's position is that only those damages already given administratively for direct costs under the provisions of the standard specifications can be allowed. However, when the delays are occasioned by Respondent, then even these indirect costs, not previously included in any change order issued by Respondent, are recoverable. Pora Construction Co. v . State (1984), 37 Ill. Ct. c1. 54. In order to determine the amount of indirect overhead charges attributable to this project, Claimants prorated these expenses as a portion of the total overhead costs for all jobs in progress during the delay time. The total cost for this project was 38.766% the of total of all job costs. We find this to be a fair and reasonable formula of allocation. However, we do not find that all individual claimed items of overhead should be attributable to the indirect expenses. The following items are not reasonably part of overhead which should be included as contributing to expenses for this project: Contributions $ 1,073.87 Mobilization 40,922.28 Partners intercompany interest 9,376.59 Sales and use taxes 2,089.95 Total $53,462.69 This finding is based upon the testimony of Claimants' accountant, who prepared the summary of indirect costs and who admitted during cross-examination that he could not connect these expenses in any way to the 1-55 contract. The total overhead expenses for Claimants during the delay time was $1,302,177.44.Subtracting the above items of $53,462.69, we find that $1,248,714.75 of total overhead costs were incurred by Claimants during the project delay.

41

The 1-55 project's portion of the overhead costs in comparison to the total overhead costs for all projects during the delay is 38.766% $484,076.76.Since 79% or of the total delay in the project was caused by the State alone, 79%of $484,076.76, or $382,420.64, is the total amount of the damages due from the State. Wherefore, it is hereby ordered that the Claimants be, and hereby are, awarded the sum of $382,420.64 in full and final satisfaction of this claim.

(No. 81-CC-0489-Claim denied.)

K.S.M. SHEET METAL Co., a corporation, Claimant, STATE OF ILLINOIS, Respondent.

0.

THE

Opinion filed November 14,1986. Order on objection to petition for rehearing filed April 6,1987.

PESSIN, B AIRD & WELLS (S TUART I. PESSIN,of counsel), for Claimant. NEIL F. HARTIGAN, Attorney General (WILLIAM E. WEBBER, Assistant Attorney General, of counsel), for Respondent.

M E C H A N I C S ' LIENS-Mechanic's Liens Act is to be strictly construed. The failure of a Claimant to abide by the provisions of the Mechanic's Liens Act will result in the loss of any rights to a lien and of all remedies under the Act, since the Act is to be strictly construed. SAME-claim by subcontractor denied-failure to strictly comply with Mechanic's Liens Act. In the matter of a subcontractor's action to enforce a mechanic's lien claim on a public improvement, the Court of Claims denied the claim, since the evidence established that the Claimant failed to timely perfect its lien under the Mechanic's Liens Act by filing the required suit for accounting.

42

POCH,J.

Claimant K.S.M. Sheet Metal Co. brings this action to enforce a mechanic's lien claim on a public improvement for the State of Illinois under section 23 of the Mechanic's Liens Act (the Act). (Ill. Rev. Stat. 1977, ch. 82, par. 23.) Claimant was a sub-subcontractor of F.E. Holmes and Son Construction Co., the general contractor on a project funded by the Illinois Capitol Development Board (CDB). The project involved the construction of a public improvement in Sesser, Illinois. Holmes subcontracted a portion of the project to Illinois Erectors, Inc., which in turn subcontracted roofing work to Claimant. The undisputed amount of the claim is

$8,345.45.

In 1978, after Claimant had completed its subcontracting work and because Illinois Erectors had failed to pay Claimant, Claimant filed suit in the circuit court of St. Clair County, Illinois, against Illinois Erectors, Inc. to collect on its contract sum. While this suit was pending, Claimant discovered that CDB was still holding funds due to Holmes. Therefore, on May 8, 1979, Claimant filed with CDB a sworn statement of its claim for lien under section 23 of the Act. Sometime in June 1979, Claimant's attorney telephoned the office of the project manager for CDB, Thomas McCue, to attempt to ascertain the status of the funds being held by CDB on the project. Claimant's attorney testified that McCue advised him that the funds had been paid out in full about one week previously. As a result of that information and having then concluded that further pursuit of the claim for lien against the State was impossible, Claimant's counsel did not file a suit for accounting against the contractor having the contract with the State (Holmes)

43

and the contractor to whom Claimant furnished its material and labor (Illinois Erectors). No copy of any complaint including the complaint already pending in the circuit court of St. Clair County, was ever served upon CDB. Holmes was not made a party to the circuit court action until April 3, 1980. McCue testified that, while he does not specifically recall his telephone conversation with Claimant's counsel, it was his responsibility to only approve vouchers and forward them to the CDB accounting department. It was his practice that, if an inquiry regarding payment was made, he would contact the accounting department to determine whether the voucher had been paid. Evidence from CDB accounting department records disclosed that on June 22, 1979, McCue approved a voucher for payment to Holmes of $44,011.44, which represented the retainage on the Sesser project and which was the final balance due to Holmes. After the voucher reached the CDB accounting department, that department reviewed the voucher against any outstanding lien claims, found the claim filed by Claimant on May 8,1979, and amended the voucher to provide a payment of $35,665.99 to Holmes and a withholding of $8,345.45, the amount of Claimant's lien statement. This balance was then held by CDB pending receipt of a certified copy of the complaint for accounting on the lien claim amount. On August 28, 1979, because such complaint had not been received by CDB, a new voucher for $8,345.45 was approved; and on September 12, 1979, that amount was paid by the State to Holmes. Claimant's suit was filed in this Court on September 10, 1980. Claimant seeks recovery on the ground that McCue's alleged misrepresentation that all funds had

44

been paid by CDB in June 1979, notwithstanding the proper filing with CDB of the statement of claim for lien on May 8,1979, excused Claimant from filing the suit for accounting and serving a certified copy of the complaint upon CDB within the time required by section 23 of the Act. At the time Claimant's right to claim a lien arose, section 23 of the Act provided that Claimant, as a subcontractor to Holmes: ". . . may have a lien on the money, bonds or warrants due or about to

become due the contractor having a contract with the State under the contract, by filing with the Director, whose duty it is to let such contract, a sworn statement of the claim showing with particularity the several items and the amount claimed to be due on each; but such lien shall attach to only that portion of the money, bonds or warrants against which no voucher has been issued and delivered by the State. The persons so claiming a lien shall, within sixty (60) days after filing such notice, commence proceedings by complaint for an accounting, making the contractor having a contract with the State and the contractor to whom (claimant was subcontracted), parties defendant, and shall, within the same period notify the Director of the commencement of such suit by delivering to him a certified copy of the complaint filed. . . . It shall be the duty of the Director, after the sworn statement has been filed with him, to withhold payment of a sum sufficient to pay the amount of such claim, for the period limited for the filing of suit, unless otherwise notified by the person claiming the lien. Upon the expiration of this period the money, bonds or warrants so withheld shall be released for payment to the contractor unless the person claiming the lien shall have instituted proceedings and served the Director with the certified copy of the complaint as herein provided, in which case, the amount claimed shall be withheld until the final adjudication of the suit is had. . . . Any officer of the State. . . violating the duty hereby imposed upon him shall be liable on his official bond to the claimant serving such notice for the damages resulting from such violation, which may be recovered in a civil section. . . ." Ill. Rev. Stat. 1977, ch. 82, par. 23.

It is not disputed that CDB, upon receipt of Claimant's notice of claim for lien, withheld from Holmes "a sum sufficient to pay the amount of such claim for the period limited for the filing of suit." The claim was served upon CDB on May 8, 1979. The Act

45 required that CDB therefore hold the sum ($8,345.45) for 60 days, or until at least July 7, 1979. In fact, CDB held the sum until August 28, 1979, since the practice by the CDB accounting department at that time was to withhold any sum claimed due by notice of lien for at least 90 days to allow for adequate notice of the required suit for accounting. No suit for accounting was filed by Claimant during the time required. Claimant argues that, because McCue told Claimant's attorney in June 1979 that all funds had been paid, the State is estopped from raising as a defense the failure of Claimant to perfect its lien by filing suit and serving a certified copy on CDB within the 60-day statutory period. This argument must fail. While Claimant's attorney was uncertain as to the exact date in June 1979 he spoke with McCue, it is clear that it was at least three weeks after the service of the notice of Claimant's lien, which occurred on May 8, 1979. Therefore, when Claimant's attorney was told at that time in June that CDB had disbursed all the Sesser project funds in full about one week before the phone call (if such had been true), Claimant still had a remedy available under the statute-namely, suit against the appropriate State officer on his official bond-because such disbursement would have occurred within 60 days after the service of notice. However, Claimant's duty at that time in order to perfect its lien and then to avail itself of its statutory remedy, was to file its suit for accounting and serve a certified copy of its complaint, all in a timely manner. Failure to do so not only eliminated the remedy on the official's bond which it could have pursued under the facts it mistakenly believed existed (see Wilbur Waggoner Equipment Rental G Excavating C o . v . Johnson (1975), 33 Ill. App. 3d 358, 342 N.E.2d 266), but also ironically eliminated

46

the lien against the public funds stiU actually being held by CDB, as the lien becomes void if the accounting suit is not filed and served within the statutory time. The Act is to be strictly construed, and the failure of Claimant to abide by its provisions results in the loss of any rights to a lien and of all remedies under the Act. (D.D. Kennedy, Znc. v . Lake Petersburg Association (1964), 54 111. App. 2d 85, 203 N.E.2d 145.) The Court finds that it was the failure of Claimant to file its suit for accounting and thereby preserve its lien, and not any action by the Respondent, which caused Claimant's lien rights in the Sesser project funds to be lost. Based on the foregoing, it is hereby ordered that this claim be and hereby is denied.

ORDER ON OBJECTION TO PETITION FOR REHEARING

POCH,J.

This cause coming on to be heard upon the Respondent's Objection to Claimant's Petition for Rehearing and the Court being fully advised in the premises finds this petition to be denied.

47

(No. 81-CC-0547-Claim denied.)

PAUL W. TEDDER, Claimant, 0. THE STATE Respondent.

Opinion filed April 8,1987.

OF

ILLINOIS,

PAUL W. TEDDER, pro se, for Claimant.

NEIL F. HARTIGAN, Attorney General (SUE MUELLER, Assistant Attorney General, of counsel), for Respondent.

P RISONERS A N D INMATES-inmate's property-state's duty. The State has a duty to exercise reasonable care to safeguard and return an inmate's property when that property is taken into the State's actual physical possession during transfers from one institution to another or when the institution issues a receipt for certain property.

BAlLMENT-bailment may arise b y operation of low. A contract, actual or implied, is not always necessary to create a bailment, since a bailment

may arise by operation of law when a person lawfully acquires the personal property of another and holds it under circumstances whereby he ought to keep it safely and restore it to the owner, regardless of the lack of mutual assent to such a relationship.

SAME-ZOSS of property-presumption of negligence. The loss or damage of bailed property while in the possession of the bailee raises a presumption of negligence which must be rebutted by the presentation of evidence of due care by the bailee, but this rule does not shift the ultimate burden of proof, since it merely shifts the burden of going forward with the evidence. P RISONERS A N D INMATES-inmate'S radio lost-bailment not established-claim denied. An inmate's claim for the loss of his radio when he was taken to a segregation unit without his personal property was denied, since the inmate failed to present a sworn affidavit of his cellmate which would have established that the radio was given to a correctional officer, therefore no bailment was established.

PATCHETT, J.

The Claimant in this case was an inmate in an Illinois penal institution. He brought this action to recover the value of certain items of personal property which he allegedly possessed while incarcerated. Claimant contends that the property in question was lost while in the actual physical possession of the State of

48

Illinois, and that the State of Illinois is liable as a bailee for the return of that property. This Court has held in Doubling v. State, 32 Ill. Ct. C1.l, that the State has a duty to exercise reasonable care to safeguard and return an inmate's property when it takes actual physical possession of such property. An example of this would be the transfer of an inmate between penal institutions or when the institution issues a receipt for certain property. Bailment is ordinarily a voluntarily contractual transaction between bailor and bailee. However, various types of constructive or voluntary bailments have been recognized. An example arose in the case of Chesterfield Sewer G Water, lnc. v . Citizens Insurance Co. of New Jersey, 57 Ill. App. 2d 90,907 N.E.2d 84. In Chesterfield, the Court quoted from another case, Woodson v. Hare, 244 Ala. 301, 13 So.2d 172,174, as follows:

"An actual contract or one implied in fact is not always necessary to create a bailment. Where, otherwise than by mutual contract of bailment, one person has lawfully acquired the possession of personal property of another and holds it under circumstances whereby he ought, upon principles of justice, to keep it safely and restore it or deliver it to the owner, such person and the owner of the property are, by operation of law, generally treated as bailee and bailor under a contract of bailment, irrespective of whether or not there has been any mutual assent, express or implied, to such relationship."

The loss or damage to bailed property while in the possession of the bailee raises a presumption of negligence which the bailee must rebut by evidence of due care. The effect of this rule is not to shift the ultimate burden of proof from the bailor to the bailee, but simply to shift the burden of going forward with the evidence to the bailee. Bell v . State, 32 Ill. Ct. C1. 664; Bargas v . State, 32 Ill. Ct. C1. 99; Rornero v . State, 32 Ill. Ct. C1. 631; Moore v . State (1980), 34 Ill. Ct. C1. 114. The facts in this case indicate that the Claimant was

49

taken to the segregation unit without his personal property. After being placed in the segregation unit, he inquired about his property. When he finally received that property, he found that his radio was missing. Correctional officers were unable to determine the whereabouts of the radio. However, the Claimant was unable to obtain a sworn affidavit from his cellmate who, the Claimant advised, would have testified that the radio was given to an unidentified correctional officer. Since the Claimant was unable to obtain such an affidavit, he was unable to establish by any evidence that his missing personal property ever came into exclusive possession of the Respondent's correctional officers. Therefore, the burden of going forward with the evidence did not shift to the Respondent. Because of these facts, the Claimant's claim should be denied. Therefore, this claim is hereby denied.

(No. 82-CC-0222-Claim denied.)

HERBERT NANCE, Claimant, v. THE STATE Respondent.

Opinion filed April 8,1987.

OF

I LLINOIS,

HERBERT D. NANCE, pro se, for Claimant.

NEIL F. HARTIGAN, Attorney General (WILLIAM WEBBER, Assistant Attorney General, of counsel), for Respondent.

P RISONERS A N D INMATES-escaped inmates-Claimant's car damagednegligence not proued-claim denied. The Court of Claims denied a claim for damages to an automobile which was stolen by two youths who escaped

50

from a State correctional center, since the Claimant failed to meet his burden of proving that the damage was the result of the State's negligence, and the State is not an insurer and there is no absolute liability in the case of damages caused by escaped prisoners.

PATCHETT, J.

This case comes on for hearing on a claim for damages regarding a stolen automobile. The Claimant claimed that his car was stolen the night of October 22, 1980, by two youths who escaped from the Dixon Springs Correctional Center. The youths were apprehended in Springfield, Illinois, and the Claimant's car was found not far from the apartment where the boys were apprehended. The Claimant sought damages in the sum of $717.66 for damages to his automobile. The amount of damages to his car was not seriously contested. However, at the hearing held on July 14, 1982, the Claimant clearly failed to meet his burden of proof that the State was negligent. A long line of cases in this Court require that there be proof of the State's negligence before an award can be made. The State is not an insurer, and there is no absolute liability in the case of escaped prisoners. See American States v . State, 23 Ill. Ct. C1. 47; VZ v . State, 33 111. Ct. C1. 201; and PauZus v . oZ State, 24 Ill. Ct. C1. 215. For the reasons stated above, we hereby deny this claim.

51

(No. 82-CC-0243-Claimants awarded $11,200.00.)

R ANDY G ATLIN, Individually, and KATHLEEN GATLIN, as Mother of Travis Gatlin, Claimants, v. THE STATE OF ILLINOIS,

Respondent.

Opinion filed November 21,1985. Order on motion seeking interest filed November 24,1986.

ARMSTRONG LAW OFFICES (T AD ARMSTRONG, of counsel), for Claimants.

NEIL F. HARTIGAN, Attorney General (WILLIAM E. WEBBER, Assistant Attorney General, of counsel), for Respondent.

HIGHWAYS-when posting of signs after accident is admissible. Evidence concerning the posting of warning signs at the site of an accident after the occurrence is relevant and admissible on the issue of whether alternative measures of safety were available to the State. SAME-state's duty to post warning signs. Even though the State is not an insurer of the safety of persons in the lawful use of State highways, the State has a duty to give warning of dangerous conditions of which it has either actual or constructive notice by erecting proper and adequate signs. SAME-automobib accident-gravel pde on abandoned highwayclaim allowed. The Court of Claims granted an award for the injuries sustained by the Claimants, father and son, when their automobile struck a pile of gravel which the State had placed on a portion of an abandoned highway which was being used as a service road, since there was no evidence that the Claimant father was doing anything illegal when he entered the service road, notwithstanding the State's claim he was speeding or "drag racing," and the evidence did establish that the State was negligent in failing to erect signs warning of the dangerous condition. INTEREST-UUtOmObde accident-inadequate warning signs-interest on award denied. In an action arising from an automobile accident which occurred when the Claimants' car struck a pile of gravel which had been placed on a service road without adequate warning signs, the Court of Claims denied the Claimants' motion seeking interest on the awards granted, since interest is only recoverable against the State when there is a specific statutory provision for the award of interest.

POCH,J.

This claim arises from an automobile accident which occurred on May 22, 1981, in Madison County, Illinois. Claimant, Randy Gatlin, alleges he and his minor

52 son, Travis Gatlin, were injured when Claimant's automobile struck a pile of gravel which covered the width of the roadway and which had been placed there by the Illinois Department of Transportation (IDOT). Claimant alleges the State was negligent for failing to properly warn motorists of the existence of the gravel pile. The claim for the injuries to Travis is brought through Kathleen Gatlin, Travis' mother. Kathleen and Randy Gatlin are divorced, and Kathleen is the custodial parent. This claim was heard before a Commissioner of this Court. Claimant testified that about 1 : O p.m. on May 22, OO 1981, he was driving north on Illinois Route 111 near Pontoon Beach, Illinois. He and his son, Travis, age four years, were returning from a miniature golf course and

were on the way home. Claimant's intention was to turn

east onto an intersecting road known as Chain of Rocks Road, which led to Claimant's home. Route 111 is a fourlane highway divided by a grassy median. The speed limit was 55 miles per hour. Claimant was driving in the lane nearest the median. Claimant testified that another vehicle, whose identity was unknown to Claimant, came up rapidly on the right of Claimant and stayed on Claimant's side, thereby preventing Claimant from getting into the right lane in preparation for his right turn onto Chain of Rocks Road. Although Claimant slowed his vehicle, the second vehicle continued to slow along with Claimant and to block the right lane. Finally, Claimant increased his speed enough to pull in front of the second vehicle. By this time, however, Claimant was too close to the intersection to safely turn right at the speed he was traveling and thus continued past the intersection. Route 111 changes from a four-lane divided

53

roadway to a normal two-lane roadway north of the Chain of Rocks Road intersection. At the point where the merge occurs, a service road connects with the northbound lanes of the four-lane divided highway in such a fashion that, if a northbound vehicle fails to merge left into the two-lane roadway but rather proceeds straight ahead, he will cross onto the service road, which then lies parallel to the two-lane portion of Route 111. The service road was the old Route 111 roadway until the present roadway was constructed in 1963. This old roadway presently serves as an access for farmers to get into their fields lying on the east side of the State right-of-way. Claimant testified that, after he passed the intersection of Chain of Rocks Road on Route 111, the other car pulled alongside and slightly forward of Claimant's car in the inside lane. As the two vehicles approached the lane reduction, this second vehicle forced Claimant's car onto the old service road. Claimant continued along on this road in the hopes that there would be an exit off this road somewhere ahead onto Route 111, where he could then drive back to the intersection with Chain of Rocks Road. Instead, Claimant's car struck a pile of dark gravel which was several feet in height and covered the width of the service road. Claimant testified that, because of the gravel and the surface of the road were the same color, he was unable to see the gravel until just before his car struck it. The impact caused both Claimant and his son to be thrown about inside the car, and both were injured. There were no signs of any kind before or after entering the service road which warned that the service road was not a through roadway or which warned of the gravel pile. The lane reduction was clearly marked and

54

signed, and Claimant admitted he knew the service road was not part of Route 111. Employees of IDOT testified that the gravel was kept at the end of the service road as a convenience for highway maintenance crews and was used for highway repair work. They further testified that no signs had been placed to warn motorists that the service road was not a through roadway or to warn of the existence of the gravel because IDOT considered the service road to be like a private driveway. IDOT had, however, posted "no parking" signs on the service road. IDOT testimony also claimed that there was no type of sign in its manual which applied or could have been used prior to the date of the accident to warn motorists about the gravel pile or which applied because the old roadway was a service road. Nevertheless, shortly following the date of the accident, IDOT posted a "deadend" sign and "road closed ahead" sign at the entrance to the service road and a "road closed" sign with reflectors in front of the pile of gravel. Such evidence is relevant and admissible on the issue of whether alternative measures of safety are available. Sutkowski v . Universal Marion Corp. (1972), 5 111. App. 3d 313,281 N.E.2d 749. Claimant testified that his car was traveling 40-45 miles per hour when he noticed the gravel pile. He immediately applied his brakes but was unable to reduce the car's speed appreciably. Claimant's car hit the pile and stopped partly up onto the south face of the pile with the front of the car facing upwards at an angle. Claimant and Travis got out of the car and walked a short distance along Route 111before they were picked up by a motorist, who drove them to Oliver Anderson Hospital in Maryville, Illinois. Claimant was admitted

55

for treatment, and Travis was X-rayed and treated in the emergency room. Claimant telephoned a towing company to arrange to have his damaged car towed to a local garage. The tow truck operator first notified the Illinois State Police of the accident. Claimant testified that the investigating police officer interviewed Claimant at the hospital and that Claimant told the officer the same story about the other vehicle forcing him off Route 111 onto the service road. Illinois State Trooper Cernkovich testified that he was dispatched to investigate the accident. When he arrived at the scene, Claimant's car was resting north of the gravel pile. The tracks of the car indicated it had gone up the south side of the gravel pile, which was 4 to 5 feet high, become airborne, and landed on the north side, where it came to rest. The pile's length was about 12 to 15 feet. Cernkovich further testified that he interviewed Claimant the next day in the hospital. Claimant told Cernkovich Claimant had missed the turn at the Chain of Rocks Road intersection and had continued on to the service road. Claimant was looking in his rearview mirror when his car struck the gravel pile. Cernkovich, who had no independent recollection of the investigation and therefore testified from his report, stated that Claimant told him nothing about trouble with another vehicle. Cernkovich estimated the distance from the service road entrance to the gravel to be 400 to 500 feet. On cross-examination Cernkovich stated that the surface of the service road was weathered concrete and was almost the same color as the gravel pile. In Hout v . State (1966), 25 Ill. Ct. C1.301, Claimant Hout suffered damage to his vehicle when he struck a rock pile which had been placed by the State across an

56

abandoned section of highway which was accessible to traffic on the south end by a graveled connection about 50 feet long to the new highway. The abandoned section of roadway was then used as a local access road. No signs warning of the rock pile or of the fact that the road was not a through roadway were present. In fact, all signs of any kind had been removed from the old roadway. In finding for Claimant, this Court stated:

"There is no question but that respondent was negligent in placing a large pile of gravel across the width of a cement highway, little used as it may have been, without any warning signs, lights, or signals. This Court has long held that `although the State is not an insurer of the safety of persons in the lawful use of the highways, it is nevertheless under a duty to give warning by the erection of proper and adequate signs at a reasonable distance of a dangerous condition of which the State had notice either actual or constructive.' "

The State argues that, because there were signs adequately directing traffic that Route 111 no longer ran over the service road, this was sufficient. However, such signs gave no warning that the service road was not a through roadway, nor did such signs in any way warn of the danger presented by the gravel pile. (Mammen v . State (1959),23 Ill. Ct. C1. 130.) "A prudent and careful driver could not reasonably anticipate (the pile of gravel) in the darkness in the absence of warning signs or signals. Instead, he could reasonably assume that the cement highway would not end abruptly without warning." (Hout,supra, at 304.) By placing "no parking" signs on the service road, the State allowed the Claimant and any other traffic to reasonably assume that the roadway was open to traffic, absent other warnings. The State also argues that, given the discrepancies between the testimony of Claimant and that of Officer Cernkovich, it is reasonable to assume Claimant was speeding or "drag racing" with the other vehicle and

57

drove onto the service road when he missed his turn because of this illegal activity. There is no evidence that Claimant was doing anything illegal while he was on the service road itself, and it is irrelevant why Claimant entered the service road, as it was not illegal to do so. Even if Claimant's car went over the gravel pile and came to rest on the north side, this is not in itself evidence that Claimant was speeding, as Claimant's own testimony was that he had insufficient time to brake by the time he first saw the gravel pile. Moreover, if Claimant was looking in the rearview mirror when he struck the pile, because the pile was not visible at night and because the State had failed to warn Claimant to be alert for the pile on the roadway, such action by Claimant was not negligence on his part, but rather a normal action by a driver under what appeared to be normal roadway conditions.

As a result of the accident, Claimant received a broken kneecap which healed without incident or disability. Travis, his son, suffered injuries to his teeth, which were not permanent in nature.

Claimant, Randy Gatlin, is hereby awarded the sum of ten thousand ($10,000.00)dollars and Kathleen Gatlin, mother of Travis Gatlin, as custodian parent and guardian is awarded the sum of twelve hundred ($1,200.00) dollars. ORDER ON MOTION SEEKING INTEREST

POCH,J.

This cause coming before the Court on Claimant's motion seeking interest. On November 21, 1985, the Court entered awards totaling $11,200.00 to the Claimants.

58

The Court finds that Claimants' request for interest is denied for the reason that the Illinois Supreme Court has held that interest is only recoverable against the State if it is specifically provided in a statute. City of Springfield v. Allphin (1980), 82 Ill. 2d 571, 413 N.E.2d

304.

(No. 82-CC-0775-Claim denied.)

E DWARD H ARBOUR, Claimant, o. THE STATE

Respondent.

Opinion filed September 25,1986.

OF

ILLINOIS,

EDWARD HARBOUR, pro se, for Claimant.

NEIL F. HARTIGAN, Attorney General (JOHN R. BUCKLEY, Assistant Attorney General, of counsel), for

Respondent.

JuRIsDlnIoN-scope of jurisdiction of Court of Claims. The Court of Claims has exclusive jurisdiction to hear and determine claims against the State of Illinois founded on any law of the State, or upon any regulation thereunder by an executive or administrative officer or agency, other than claims arising under the Workers' Compensation Act or the Workers' Occupational Diseases Act, or claims for expenses in civil litigation. PRISONERSN D INMATES-action b y inmate based on diet provided by A Department of Corrections-no jurisdiction-claim denied. An inmate's claim for monetary damages and directive orders based on the alleged failure of the Department of Corrections to provide him with a diet in compliance with certain medical orders was denied due to the Court's lack of jurisdiction to issue orders to the Department of Corrections as to the diet to be served inmates.

HOLDERMAN, J.

This is a claim filed by a resident of the Stateville Correctional Center requesting monetary damages for the alleged failure of the Department of Corrections to

59 follow medical orders with respect to his diet and requesting an order directing the Department of Corrections to follow all future medical orders with respect to Claimant. Claimant seeks to recover the sum of $15,000.00 for medical and mental damages due to the refusal of Respondent to follow doctor's prescribed orders. Claimant has cancer and the doctor had prescribed that Claimant be given six (6) cans of a diet supplement called ENSURE. The record discloses that after a tonsillectomy in September 1979, the tonsillar material was found to be cancerous. The record also discloses that since 1979 Claimant has had many medical problems, some quite serious in nature. By-products of the cobalt treatments Claimant received were that his upper teeth became loose and had to be extracted, his salivary glands were burned so that he must continually carry liquid with him, and he has degenerative arthritis. Claimant became involved in a dispute with the institution's food service director, Mrs. Morrison, over the availability of ENSURE, a nutritional supplement, and therefore this suit was filed. It appears from the testimony taken at the hearing in this matter that ENSURE is no longer an issue in this case. Claimant's present area of concern is that because breakfast is served at 4:30 a.m., he eats only two meals a day, namely, lunch and supper, and buys extra food out of his own funds. At the hearing, Claimant introduced as evidence Exhibit 1, which was a list of foods purchased by him from October 7, 1982, through February 19, 1986, and asks to be reimbursed for these purchases in the approximate amount of $300.00.

A Departmental Report, dated March 5, 1986, and

60

introduced into evidence as Respondent's Exhibit 1, disputes that Claimant is in need of food over and above that furnished by the institution. It appears from the evidence that for some unexplained reason, Claimant did not see fit to eat breakfast at the time it was served at the institution. The Commissioner's Report in this matter calls attention to the fact that the Unified Code of Corrections specifically provides that all institutions and facilities of the Department of Corrections shall provide every committed person with a wholesome and nutritional diet at regularly scheduled hours. The jurisdiction of the Court of Claims is set forth in section 8 of the Court of Claims Act (Ill. Rev. Stat., ch. 37, par. 439.8), which provides, in part, as follows:

"f8. The Court shall have exclusive jurisdiction to hear and determine the following matters: (a) All claims against the State founded upon any law of the State of Illinois, or upon any regulation thereunder by an executive or administrative officer or agency, other than claims arising under the Workers' Compensation Act or the Workers' Occupational Diseases Act, or claims for expenses in civil litigation."

Claimant in fact is asking that the Court of Claims set itself up as a supervisory body to monitor the Department of Corrections' compliance with the statutory provisions for feeding inmates. It is the opinion of this Court that the Court of Claims does not have the power to issue orders to the Department of Corrections as to the diet to be served inmates. It is the Court's further opinion that Claimant has failed to prove his case. Claim denied.

61

(No. 82-CC-1723-Claimant awarded $15,000.00.)

TYRONE JOHNSON, Claimant, u. THE STATE OF ILLINOIS,

Respondent.

Order filed A p d 15,1987.

JERALD A. LAVIN, LTD., for Claimant.

NEIL F. HARTIGAN, Attorney General (RALANDA WEBB, Assistant Attorney General, of counsel), for Respondent.

JOHN J. TREACY, for Intervenor McKeown Transportation.

STiPuLATIoNs-road defect-Claimant thrown about truck cab-back injury-award granted. Pursuant to a joint stipulation of the parties, an award was granted for the back injuries sustained by a truck driver when his truck struck a road defect and he was thrown about the cabin of the truck.

SOMMER, J.

This cause comes on to be heard on the parties' joint settlement stipulation and request for the Court's approval, due notice having been given, and the Court being advised; On January 28, 1987, the parties to this action filed a joint settlement stipulation requesting our approval of an award in satisfaction of this claim. In pertinent part the parties stipulated as follows:

1. This is a tort action brought by Claimant, Tyrone D. Johnson, pursuant to sections 1 through 24 of the Court of Claims Act (Ill. Rev. Stat., ch. 37, pars. 439.1 through 439.24). 2. On or about May 3,1983, McKeown Transportation Co., on behalf of CNA Insurance, filed a petition to intervene pursuant to the Workers' Compensation Act. 3. On or about October 1, 1980, Claimant was driving a tractor-trailer vehicle on Interstate 57 in

1

I

I

I

I

I

i

62

Iroquois County, Illinois, where, he alleged, he hit a road defect which caused him to be thrown about the cabin of the vehicle.

4. As a result of this incident, he suffered a herniated disc and thereby incurred damages in excess of the following amounts:

A. Medical treatment B. Loss of income

- $ 7,142.81 - 26,000.00 (annually)

The most recent medical evaluation indicates that Claimant sustained permanent partial loss of use in both legs as a result of the incident.

5. A sum in the amount of $39,141.33was paid to, or

on behalf of Claimant, pursuant to the provisions of the Illinois Workers' Compensation Act.

6. Claimant-Intervenor agrees in order to facilitate settlement of this claim without further trial to release Respondent from any and all liability. ClaimantIntervenor agrees that the amount of settlement is fair and reasonable and compromises its statutory lien, accepting in lieu thereof, the portion of the settlement agreed upon by the parties.

7. The Claimant, through his attorney, Jerald A. Lavin, and the Respondent, through its attorney, Neil F.

Hartigan, Attorney General of Illinois, by Ralanda Webb, Assistant Attorney General, hereby stipulate, in compromise of the above-stated claim, to the entry of an award of fifteen thousand ($15,000.00) dollars in full satisfaction of this claim. This Court is not bound by such agreements but it does not choose to interpose controversy where none appears to exist. We will approve the settlement.

63

Wherefore, it is hereby ordered that an award of $15,000.00 (fifteen thousand dollars and no cents) be, and hereby is awarded in tkiis matter in full and final satisf action.

(No. 82-CC-1822-Claimant awarded $115,116.86.)

JAMES

F. NEYLON, Claimant, 0.THE STATE OF ILLINOIS,

Respondent.

Order filed June 10,1985. Opinion filed December 19, 1986

EDWARD J . E GAN, LTD. (E DWARD J. E GAN, of counsel), for Claimant. NEIL F. HARTIGAN, Attorney General (FRANCIS M. DONOVAN and MARY MULHERN, Assistant Attorneys General, of counsel), for Respondent.

P RACTICE A N D PRocEDuRE-Claimant must exhaust administrative remedies. The Court of Claims Act and the Court of Claims Rules require that a Claimant must exhaust all of its remedies, legal and administrative, before pursuing its claim to final resolution in the Court of Claims.

~WR~sDIcrroN-~urisdict~on court of claims is set b y statute. No of agreement of the parties should be able to confer jurisdiction on the Court of Claims, since the Court's jurisdiction is set by statute, and jurisdictional issues may be raised at any time by any party or the Court itself. S TATE E MPLOYEES' B ACK S ALARY CLArMs-wrongful discharge-transfer of duties-reinstatement ordered. Where the Claimant was wrongfully discharged from a position with the Illinois Racing Board, and his former duties were abolished and reestablished in a different agency, the Claimant was entitled to reinstatement, notwithstanding the fact that there was no order by any administrative or judicial authority providing that the Claimant should be employed by the State and there was in effect a circuit court order denying reinstatement, since, in the interest of judicial economy, the Court of Claims concluded that the Claimant should have been allowed to reassume his duties at the agency to which they had been transferred.

64

DAMAGES-&St of certainty of damages. Damages are not rendered uncertain because they are uncertain in amount, as distinguished from those which are too uncertain to be recoverable because they are not the certain results of the wrong that has been committed. S TATE E MPLOYEES ' B ACK S ALARY CLAIMS-ZOSS insurance benefits of recoverable. In an action for back salary claims by a State employee, the loss of insurance benefits may be a compensable item of damages. SAME-wrongful discharge-stipulation-award granted on uncontested portion of amount claimed. Where the Claimant was wrongfully discharged from his position with the Illinois Racing Board, an award was granted for the uncontested portion of the amount claimed to be due, and the award was made subject to the appropriate additions and deductions.

ORDER

MONTANA, C.J.

The Claimant brought this claim seeking back wages and benefits allegedly due as the result of his being wrongfully discharged and the Respondent's subsequent failure to reinstate him. Although much is at issue in this case, the record clearly shows that the parties agree that the Claimant is at least entitled to damages arising out of his wrongful discharge for the period of January 14, 1975, the day he was initially suspended, to July 16, 1976. Section 116 of the Personnel Code (Ill. Rev. Stat., ch. 127, par. 63blllb), provides as follows:

"Every employee reinstated for the period for which he was suspended, discharged or improperly laid off shall receive full compensation for such period notwithstanding the fact that any person was employed to perform any duties of such employee during the time of such suspension, discharge or layoff. For purposes of this Section 116, full compensation shall mean such compensation such suspended, discharged or laid off employee would have earned in the position classification during the period of suspension, discharge or layoff less amounts earned by the employee from any other source and employment compensation benefits received during such period."

By joint stipulation admitted in evidence, the parties agreed that the Claimant would have earned $29,089.00 during the period from January 14, 1975, until July 16,

65 1976. We find that the Claimant met his responsibilities with respect to mitigation of his losses during that period. The record indicates that the Claimant received $9000.00 in unemployment compensation during this time. Pursuant to section 900D of the Unemployment Insurance Act (Ill. Rev. Stat., ch. 48, par. 490D), the awards of back pay in such circumstances are to be made jointly to the Claimant and to the director of the Department of Employment Security. Keeping with the policy and purpose of that statute it is this Court's practice to include in the award the amount of unemployment compensation received, but pay it directly to the Department of Employment Security. The record also shows that the Claimant earned $3087.00 in mitigation of his losses during 1975 and $1360.00 during 1976. How much of that money earned in mitigation during 1976 was earned during the relevant time period is unclear. Because a certain portion of this claim is uncontested, due to the time involved in effectuating payment of awards made in this type of case, and to avoid further delay, we are deciding part of this case now and will enter our decision on the contested portion at a later date. It is hereby ordered that the Claimant be, and hereby is, awarded the gross amount of $24,642.00 subject to appropriate additions and deductions set forth in Appendix A compiled by the Clerk's Office and attached hereto and incorporated herein, including a deduction of $9000.00 which is to be paid to the director of the Department of Employment Security. Because the amount earned in mitigation during the relevant time period in 1976 is unclear, we set off the entire amount earned in all of 1976 for the interim order. The parties

66 are hereby ordered to submit by stipulation to the Court a figure as to how much of that money earned in mitigation during 1976 was earned prior to July 16,1976, and we will take that into consideration if necessary in our later decision. OPINION

MONTANA, C .J .

This is a claim for back wages and benefits filed by a former employee of the Respondent. The relevant facts are as follows: The Claimant, James Neylon, became a certified employee of the Illinois Racing Board in 1962 as an Administrative Assistant 11. At that time the Illinois Racing Board administered the Illinois Bred Thoroughbred Program. The Claimant began to perform duties relating to the Illinois Bred Thoroughbred Program in 1963. In 1964, the Claimant's position of Administrative Assistant I1 was abolished and reclassified to Executive I and Claimant was thereafter appointed to the classified position of Executive I. In 1973 the Claimant was assigned to the certified position of Executive 11. His position was described on an Illinois Racing Board organizational chart as "Illinois Bred Supervisor." He continued in this position until January 14,1975, when he was suspended by William L. Masterson, the Secretary of the Racing Board. After a hearing, the Civil Service Commission ordered the Claimant's discharge. The Claimant appealed his discharge pursuant to the provisions of the Administrative Review Act (Ill. Rev. Stat. 1975, ch. 110, par. 264 et seq.), to the circuit court of Cook County. On August 11, 1976, the circuit

67

court of Cook County in case No. 75 L 21490 reversed the order of the Civil Service Commission discharging the Claimant and ordered him reinstated to his position of Executive 11. The Claimant thereafter received a memorandum from William Masterson informing him that he could not be reinstated to the position he held before his discharge because that position had been eliminated by the Department of Personnel and the duties he had performed previously had been transferred to the Department of Agriculture. The memorandum also stated that the Claimant could not return to his position because the General Assembly had not appropriated money for the position which had been eliminated. The Illinois Racing Board then filed motions in the circuit court of Cook County seeking a rehearing and to vacate the order of August 11, 1976, in case No. 75 L 21490 which ordered the Claimant's reinstatement. While the motions were pending the Claimant filed a mandamus suit in case No. 76 L 16386 seeking an order compelling various defendants to reinstate him in the position he held before his discharge. The Claimant also apparently filed a chancery action in the circuit court of Cook County in case No. 75 CH 3430 alleging that he was entitled to relocate with the Department of Agriculture under the provisions of the Department of Personnel Code. On October 7,1976, the Racing Board, the chairman of the Civil Service Commission, the director of the Department of Agriculture and the director of the Department of Personnel filed a motion to dismiss the mandamus suit.

68

On April 21,1977, Judge Raymond K. Berg ruled on both the motions for rehearing and to vacate and the motion to dismiss the mandamus suit. The motion to dismiss the mandarnus suit was granted and the motions for rehearing and to vacate were granted in part and denied in part. The motions for rehearing and to vacate were denied to the extent that they sought reconsideration of the Court's ruling of August 11, 1976, which reversed the Civil Service Commissioner's decision to discharge the Claimant. The motions were granted to the extent that they sought to deny reinstatement of the Claimant to the Illinois Racing Board subsequent to July 16, 1976, because the Court found that the primary employment duties and responsibilities of the Claimant under the Illinois Thoroughbred Program were either no longer entrusted to or among the present duties and responsibilities of the Illinois Racing Board as of July 16, 1976. The Illinois Racing Board appealed the decision of the circuit court in case No. 75 L 21490 which reversed the Claimant's discharge and on November 19,1978, the appellate court in Neylon u. Illinois Racing Board, 66 Ill. App. 3d 621, 384 N.E.2d 433, dismissed the appeal because the Illinois Racing Board and the Civil Service Commission, as appellants, failed to preserve and file the complete record. The Supreme Court of Illinois later denied the Racing Board's petition for leave to appeal. The record does not clearly reveal the outcome of the chancery action filed by the Claimant in case No. 75 CH 3430. The Claimant's reply brief states that the chancery action was consolidated with the mandamus action in case No. 76 L 16386, and the administrative review action, case No. 75 L 21490, on the motion of the Attorney General. The reply brief further states that no

69 action was taken on the chancery case because the Attorney General continued his motion to vacate in the administrative review action and then appealed the order rendered in that action. Claimant's complaint, however, indicates that the circuit court allowed the Attorney General's motion to dismiss case No. 75 CH 3430 on the grounds that the circuit court lacked jurisdiction. Sometime later another action, Illinois Racing Board v. Civil Service Comm'n No. 81 L 22214, was filed in the circuit court of Cook County. The exact nature of this case is not revealed in the record, however due to actions taken in the case by Judge James C . Murray this controversy is now before this Court. An order dated January 20, 1982, and stamped.by Judge Murray states as follows:

"The Attorney General has represented in open Court that the State of Illinois and all of its agencies agree that all issues in controversy between the defendant James Neylon and the State of Illinois and all of its agencies may be resolved in the Court of Claims. The attorney for the defendant James Neylon, has represented in open

Court that he intends to file a complaint in the Court of Claims seeking an

adjudication of all issues in controversy between the defendant and the State of Illinois and all of its agencies.

WHEREFORE, this Court shall retain jurisdiction of this cause until all matters in controversy between the defendant James Neylon and the State of Illinois and all of its agencies have been resolved in the Court of Claims. This cause is therefore, continued generally until further order of court."

In his complaint Claimant seeks damages consisting of lost wages, pension contributions, medical insurance payments, accrued vacation time, sick leave and "any other rights and emoluments due him as an employee of the State of Illinois." The Claimant computed these damages to amount to between $163,789.00 and $189,784.00. By later amendment to the complaint, Claimant alleged that he suffered a nonwork-related

70

stroke in May of 1981 and under the provisions of sections 14-124 and 14-125 of the Pension Code (Ill. Rev. Stat., ch. 108fh, pars. 14-124 and 14-125), he is entitled to a disability pension equal to one-half of the final average compensation he would have been entitled to in May 1981 had he not been wrongfully discharged. Jurisdiction was said to lie in the Court of Claims pursuant to section 8(a) of the Illinois Court of Claims Act. 111. Rev. Stat., ch. 37, par. 439.8(a). The claim is for the back wages and benefits allegedly due the Claimant as a result of his being wrongfully discharged and as a result of the Respondent's refusal to reinstate him. Previously the parties stipulated that the Claimant would have earned $29,089.00 during the period of the wrongful discharge, January 14, 1975, to July 16,1976. On June 10,1985, an interim order was entered awarding the Claimant a gross amount of $24,642.00. This figure was arrived at after taking into account amounts earned by the Claimant in mitigation of his losses. The award was vouchered on October 4, 1985. That order resolved that portion of the claim relating to the wrongful discharge. At the outset of the Claimant's presentation at the oral argument, the threshold issue with regard to reinstatement was said to be whether or not a substantial portion of the Claimant's duties with the Racing Board were transferred to the Department of Agriculture. (Oral Argument tr. 3) This issue is derived from section 2-445 of the rules of the Department of Personnel (now Central Management Services) which provides as follows:

"Transfer of Duties: When the duties of a position are relocated by transfer or by abolition and reestablishment and when said duties are substantially the same, an incumbent employee may elect to relocate and retain the duties of that position."

71

Effective January 1, 1976, section 37-30(e) of the Illinois Horse Racing Act of 1975 (Ill. Rev. Stat., ch. 8, par. 37--30(e)), was amended to provide, in part, as follows:

"The Illinois Thoroughbred Breeder's Fund shall be administered by the Department of Agriculture with the advice and assistance of the Advisory Board created in subsection (f) of this section."

We agree that this is the remaining issue with respect to the merits of this claim. However, at this point, for the record and for the future we want to make the following comments concerning the procedural history of this matter and the jurisdiction of the Court of Claims to determine the reinstatement issue. The Personnel Code (Ill. Rev. Stat., ch. 127, par. 63b101 et seq.), which authorizes the Department of Central Management Services to promulgate personnel rules such as the rule quoted above and relied on herein by the Claimant also authorizes said Department to provide by rule for a grievance resolution procedure. At the time of the Claimant's wrongful discharge, at all relevant points in time, and now, there was and is in effect a procedure established by rule for resolving grievances arising out of said rules. Additionally, the Personnel Code authorizes the Civil Service Commission to hear and determine grievances of this nature. The procedures culminate in administrative review and appeals to higher courts thereafter. The fact that the Claimant has already pursued this avenue of relief in connection with his wrongful discharge does not mean he may bypass it over the issue of the refusal to transfer him along with his duties to the Department of Agriculture. This issue involves a wholly new cause of action which should have been heard through the administrative channels. Resolution of issues of this nature is the purpose for which that avenue of relief was created. It is only after

72

final resolution there that the Claimant should have come to this Court and then only if he was found entitled to back pay, the appropriation for which has lapsed. For example, the portion of this claim relating to the wrongful discharge, which apparently was decided with finality, was properly before the Court of Claims. Section 8(a) of the Court of Claims Act does not mandate that this Court hear and determine the reinstatement issue either. Section 25 of the Court of Claims Act and rule 6 of the Rules of the Court of Claims provide that the Claimant must exhaust all of its remedies, legal and administrative, before pursuing its claim to final resolution in the Court of Claims. At this point, Claimant's claim in the Court of Claims for damages incurred beyond July 16,1976, is premature. In the future we do not intend to condone a situation creating potential forum-shopping by employees subject to the Personnel Code and Rules who have a grievance and open this Court to all of those grievances now handled administratively within the framework of the Personnel Rules and the Civil Service Commission. Nor does the order stamped with Judge Murray's name dated January 20, 1982, (quoted above) mandate that the Court of Claims decide this issue. That order merely incorporates or restates the essence of an agreement between the parties that the controversy be resolved in the Court of Claims, continues the action in the circuit court of Cook County, and notes that that court retained jurisdiction. The order did not mandate that the Court of Claims decide the issues. The jurisdiction of this Court is set by statute. No agreement by the parties should be able to confer jurisdiction on this Court. Jurisdictional issues may be raised at any time by any party or the Court itself.

73

At the present time, there is no order by any administrative or judicial authority providing that Mr. Neylon should be employed by the State of Illinois. Judge Berg's order of April 21, 1977, denying reinstatement to the Claimant subsequent to July 16, 1976, remains in effect. However, because we think this matter has gone on long enough, in the interest of judicial economy, and in fairness, we will render a decision on the merits of the reinstatement portion of this claim. Having reviewed the evidence we find in favor of the Claimant on the issue of reinstatement, that is, that a substantial portion of his duties were relocated, either by transfer or by abolition and reestablishment, and that he should have been allowed to reassume those duties at the different agency.

As for damages, the Claimant is entitled to such compensation as would place him in the same position as if he had been reinstated effective July 16, 1976. The first item of damages is the wages. The interim order previously entered compensated him for lost wages prior to July 16, 1976. On May 5, 1981, the Claimant suffered a disabling stroke. Therefore, he is due what he would have earned from July 16, 1976, to May 5, 1981, less what he earned in mitigation. In computing those losses the Claimant figured in a 7.5%annual increase based on the average annual increase he received from 1969 to 1974. At the time of his discharge it was stipulated that he was earning $17,606.50 annually. Claimant computed the total amount he would have earned to be $105,732.00. The Respondent argues that such a method of calculating the lost wages is speculative and for that reason should not be accepted

74

by the Court. Respondent would have the Claimant identify a specific position in which he should have been reinstated and use the set rate of compensation for that position. The Claimant did not identify such a position during the litigation. Having found that Claimant should have been reinstated, that he suffered loss of wages is not speculation but fact. In Harmon v . State (1978), 32 Ill. Ct. C1.543,545, we quoted Hunter, Trial Handbook for Zllinois Lawyers, 4th edition, chapter LXXX, General Rules Relating to Damages, sec. 80:5, page 815:

"Damages are not rendered uncertain because they are uncertain in amount, as distinguished from those which are too uncertain to be recoverable because they are not the certain results of the wrong that has been committed."

As the triers of fact it is our responsibility to affix the

amount of damages. We do not think that Claimant's

method of calculation is unreasonable (although we do

question some of the arithmetic) and Respondent did not offer a workable alternative. We find that Claimant suffered $100,000.00 in lost wages. The evidence indicates Claimant earned $28,885.00 in mitigation of his losses. We previously deducted $4,447.00 earned in mitigation for the period covered by the award made in the interim order. We are satisfied that Claimant met his responsibilities with respect to mitigation of his losses during this period. Therefore, we now deduct the balance of the amount earned in mitigation, $15,410.00, which leaves $84,590.00 due Claimant for lost wages. Claimant seeks compensation for hospitalization and life insurance which would have been paid by the Respondent had he remained an employee. In Noltemeier 0.State (1983), 38 Ill. Ct. C1.107, we held that loss of insurance benefits could be a compensable item of damages in cases such as the one at bar. The record indicates that he paid $118.00 for hospitalization

75

insurance for 33 months totaling $3,894.00. For 51 months until January 1, 1982, he paid $27.53 per month for a total of $1,404.00. After his suspension, he purchased $15,000.00 in life insurance (which is approximately the amount of coverage his employment with the Respondent would have provided him toward the end of the period). The record indicates he paid $57.54 in quarterly premiums for a total of $2,128.86 as of November 1,1982. Claimant also seeks compensation for loss of disability payments. On May 5,1981, Claimant suffered an apparently disabling stroke and testified he was unable to work any more. His argument is that had he been reinstated he would have been entitled to disability payments as a benefit of being a State employee. It is unclear as to whether Claimant would have us award these payments (and consequently pay them as other awards are paid) or order the State Employees' Retirement System to pay them. The funds with which such nonoccupational disability benefits are paid are held in a trust and are segregated from other State funds and administrative decisions of the Board of Trustees of the Retirement System are subject to administrative review, not review in the Court of Claims. Claimant's representations concerning enforcement of any decision we render notwithstanding, having found Claimant should have been reinstated, we think that he now should exhaust his potential remedy for this claimed item of damages by applying for back benefits from the Retirement System. We will retain jurisdiction and reconsider this aspect of his claim if his application to the Retirement System is unsuccessful and he can show that, but for the Respondent's failure to reinstate him, he would otherwise have been eligible for the benefits.

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One of the conditions for eligibility to receive disability benefits is that an employee must use all sick time accumulated as of the date of the disability. The evidence is that Claimant would have been entitled to use his sick days following his stroke had he been employed at the time. A State Employees' Retirement System disability medical report form containing a doctor's opinion that the Claimant was permanently disabled was entered into evidence by stipulation. It was uncontroverted that he would have accumulated 220 sick days as of November 1982. These days would have been paid at his rate of salary as of May 5,1981, the date of the stroke. That rate cannot be stated with exact certainty but, as previously indicated, he would have been earning something and difficulty of proof does not render the damages speculative. We, as triers of fact, find this amount to be $2,100.00 per month. Eleven months at $2,100.00 comes to $23,100.00. In summary, the various items of damages are as follows: Back wages (less mitigation) ..... .$ Hospitalization Insurance ......... Life Insurance. .................. Sick Days. ...................... Total. .......................... 84,590.00 5,298.00 2,128.86 23,100.00

$115,116.86

It is hereby ordered that Claimant be and hereby is awarded the gross sum of $115,116.86 subject to appropriate employer contributions and employee deductions as more fully set forth in the Appendix compiled by the Clerk`s Office which is attached hereto and incorporated herein.

77

APPENDIX A Identification of the State Contributions and Deductions from Back Salary Award.

To the State Employees' Retirement System

Employee's contribution to State Employees' Retirement System Employee's contribution to FICA State's contribution to State Employees' Retirement System State's contribution to FICA To Illinois State Treasurer to be remitted to Internal Revenue Service: Claimant's Federal income tax To Illinois Department: Claimant's Illinois income tax To Office of Employment Security: Director Dept. of Employment Security 9000.00 616.05 4928.40 2327.12

.oo

1948.96

.oo

To the Claimant:

Net Salary Total Award $26,590.96 7770.43

78

(No. 82-CC-2210-Claimant awarded $60,000.00.)

WALTER MCINTYRE, Claimant, v. THE STATE Respondent.

Opinion filed lune 19,1987.

OF

ILLINOIS,

FRED AIOSSA, Claimant. for

NEIL F. HARTIGAN, Attorney General (JOHN BUCKLEY, Assistant Attorney General, of counsel), for Respondent.

PRISONERS A N D INMATEs-inmate's arm caught in gate-award granted. An inmate at a State correctional center was granted an award for the injuries he sustained to his right biceps when an electronic gate closed on his arm, since the evidence established that the inmate's contributory negligence

was negligible, but that the correctional officers were negligent in allowing the gate to be closed on the inmate's arm.

RAUCCI, J.

This is a claim brought by Claimant, Walter McIntyre, for personal injuries sustained by him on October 30, 1981, while he was a resident at Stateville Correctional Center. On the date in question, an electronic gate closed on Claimant's right arm severely injuring his right biceps. claimant worked in the general kitchen as a utility man. At about 4:OO p.m. on the day in question, he was assigned to take a cart containing coffee and cookies to A and B dining rooms. We delivered what he had to deliver to A dining room and was on his way to B dining room when a guard snatched a package of cookies off the cart as Claimant and his cart passed in front of D house gate. The gate to D house is an electronically operated gate constructed out of bars. Six feet of the gate is stationary and another six feet of the gate slides on a track past the stationary part of the gate. The gate is operated by employees in a control room watching

79

cameras and taking voice commands from officers via walkie-talkie radios. When the guard took the cookies the gate was open and he walked through the gate. Whoever was operating the gate closed it after the guard went through. Claimant called after the guard to return whatever he had taken from the wagon.

"Q. What were you calling him for?

A. To get whatever he took off the wagon back.

Q, Why was it important to get those back?

A. When I leave the kitchen and B called for us to bring food or coffee to the dining, when I left the kitchen if I don't show up to the dining room with whatever I left the kitchen with, I get disciplinary report wrote up on me, because inmates have been known to steal stuff out of the kitchen.

II

I

i

I

,II

I

I

I

I I

I

i

I would have been accused of it, written up

with a disciplinary report written up on me, and possibly put in segregation or C grade or whatever, and I was trying to avoid a ticket which was a disciplinary report.

I

Q. So, you said you called this guard.

How did you call him and by what means?

A. I called the officer.

Q. Did you know him by name?

A. No.

Q. What else did you do to attract his attention?

80

A. He stopped when he got halfway down the tunnel, because after you go through the gate, there is a tunnel before you get to C house which is about a block or so long.

Got halfway down the tunnel and asked me what I wanted. I asked him to bring back what he took off the wagon, and he said I don't have nothing.

I pointed to what he had in his hand.

Q. Which arm did you use to point?

A. Right arm.

Q. Where was your arm when you started pointing

to what he had?

A. When I first pointed, he acted as if he couldn't see me which he could from as far as I could see, but I stick my hands through the bars and pointed directly at what he had, and that is when whoever was operating the gate . . . . (Tr. 8-10)

Y)

In other words, to better use his right hand to point at the object in the officer's hand, Claimant thrust his right arm through the stationary part of the gate. At that point an employee in the control room opened the gate and crushed Claimant's right arm in the area of his biceps. The gate opened when it did because Officer Cook, by radio, called the control office to open the gate, without noticing that Claimant had his arm through the stationary portion. First we will consider the report filed by Officer Cook:

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"I Officer Cook was going into D-House tunnel, Resident McIntyre was standing at the gate with his arm through the bars. Control center opened the gate and Resident McIntyre's arm smashed between the two gates.

I signalled the control center to release Resident McIntyre's arm." (Resp. Ex. 1)

Next we will consider his testimony:

"Q. When you approached the D gate at this particular time, was the gate open or closed?

A. It was closed.

Q. And where was Resident McIntyre with regard to the gate?

A. He was standing on the stationary side of it.

Q. What was he doing there?

A. Talking.

Q. Who was he talking to?

A. I don't know who he was talking to. He was talking to someone standing in the tunnel.

Q. Was that someone in the tunnel an officer or an inmate?

A. I don't know. I'm not sure.

Q. Then what happened?

A. Then I called over the radio to have them open the gate so I could go inside the tunnel.

Q. And after you called the radio, did the gate begin to open?

A. Yes.

82

Q. Then what happened?

A. Then I noticed his arm was through the gate, and it smashed, and so I could tell them to close i t . . . ." (Tr. 51-52) When Officer Cook realized that Claimant's arm was caught in the gate, he began to wave his arm in front of the camera to get the attention of the operator in the control room. But waving to attract the attention of the operator was futile, because apparently no one was watching the screen. He had to call the operator over his radio in order to get the control room's attention to close the gate and release Claimant's arm. The fact that the gate had not opened far enough to permit anyone to go through but, in fact, wedged Claimant's arm between it and the stationary bars escaped the attention of those in the control room. A minute elapsed before an operator in the control room pressed a button to close the gate.

"Q. Between the time Mr. McIntyre's arm was first

caught in the gate and the time you called the control center telling them to close the gate releasing Mr. McIntyre's arm approximately how much time passed, if you can recall?

A. About a minute." (Tr. 53;also see Tr. 28). On cross-examination Officer Cook elaborated further :

"BY MR. AIOSSA Q. Officer Cook, drawing your attention back to

the statement exhibit when you read it, you said McIntyre's arm was smashed between the gate. The last sentence is actually I signalled the control center to close the gate to release his arm?

83

A. I was waving in front of the camera.

Q. You heard Mr. McIntyre testify he heard a guard

call, was that you?

A. I was standing behind him.

Q. You had a walkie-talkie, then you are the one that called to the control center?

A. Yes.

Q. The control center didn't close the gate on its own-

MR. BUCKLEY: Objection to the part of the

question.

BY MR.AIOSSA: Q. You signalled the control center to close that

gate?

A. Yes.

Q. Thereby releasing Walter McIntyre's arm?

A. Yes.

Q. The control center didn't do it until you called, correct?

A. No, they didn't know what was happening." (Tr. 53,54) (Emphasis supplied.)

I

I

He summarized the matter as follows:

"Q. So, if the control center had seen what was

going on, they could have closed the gate immediately, correct?

A. Yes.

84 Q. But there was a lapse of time of approximately a minute, but they actually closed it?

A. Yes.

Q. And they didn't close it until you actually

notified them, correct?

A. Yes, I called them over the radio.

Q. It wasn't until they got your radio communication until they actually closed it, correct?

A. Yes." (Tr. 55)

The Claimant has proven negligence on the part of Respondent in the following particulars:

1. Officer Cook was negligent in not noticing that Claimant's arm was thrust through the stationary part of the gate when he, Cook, called the control room by radio to open the gate. This appears in both Officer Cook's written statement and in his testimony.

2. At all times during this incident, both on opening the gate at Cook's request, and on closing it at Cook's request, the control center relied exclusively on his radio calls. Either the lighting was so poor around the gate that it could not see the gate over the monitoring system, or the operator paid no attention to the screen.

Two of the employees in the control room gave written statements which would appear to be falsehoods. It should be remembered that Officer Cook testified that after Claimant's arm was caught in the gate he tried to attract the attention of the control room by waving in front of the camera. I was waving in front of the camera." But, the control center didn't close the gate until he called on the radio.

"

85

"Q. The control center didn't do it until you called, correct?

A. No, they didn't know what was happening."

The statements of the two employees are reproduced below: First is that of Richard J. Watson:

"On the above date and time I was given the sign from Officer Cook to open the tunnel gate D. However, Resident McIntyre was leaning on the gate as it was opening he also placed his arm through the gate and was caught between the moving gate." (Resp. Ex.2)

If he saw this happen, why then did he not immediately release Claimant's arm? Why was Officer Cook's arm waving futilely? Why was the gate not released until Officer Cook's radio call? Why did Claimant have to endure almost a minute with his arm crushed in the gate?

Second is that of Katie Banks:

"On the above date and time while I c/o Katie Banks was working the control center I saw Res. McIntyre appear to deliberately push his arm into the D gate just as it was opening up." (Resp. Ex. 3). (Also see her statement ) repeated in Resp. Ex. 4 .

If she saw all of that happening why did she not tell c/o Watson to close the gate? Why the delay in getting Claimant's arm out of the gate?

There is dispute in the record as to what warning signs are posted at the gate. Warden DeRobertis, in a memorandum, stated that there were "posted warnings to keep arms, hands, and legs clear of the gate bars." However, the Adjustment Committee summary signed by Captain Hall merely states that there are signs posted at gates "stating not to

86

tamper." (Corroborated by Claimant's testimony Tr. 19,

20).

Given the urgency Claimant felt about reclaiming the cookies taken by the unknown officer, we do not believe he was guilty of contributory negligence in thrusting his arm through the gate to better point to the package in the officer's hand. The greater negligence was that of Officer Cook and correctional officers Watson and Banks. At the most his negligence would have to be given a fractional valuation. Claimant ran unassisted to the dispensary a half block away. From there he was taken to the institution hospital. There, he was given X rays and sent back to the cellhouse.

"Q. And they didn't keep you up at the hospital at all?

A. No, they told me it was soft tissue damage, and

it would be okay. They gave me something for

pain and sent me back to the cell." (Tr. 22). On November 24, 1981, he was examined by an orthopedic surgeon in Joliet, Illinois, who found:

"The patient struck his arm about the junction of the proximal or middle third of his right humerus of the anterior aspect with a door. He has no biceps. The biceps does not contract.'' (CI. Ex.2) Emphasis supplied.

Dr. Gerald J. Rabin, M.D., stated in his report:

"Coordination of the upper extremities are equal and normal. The patient has weakness of the whole right upper arm, from the shoulder down. Biceps and triceps reflexes are present and equal. The patient has hypesthesia of the right forearm, and to the right elbow down. There is an atrophy of the upper third of the right arm, tenderness of the right arm. The patient has a huge muscle defect of the right biceps, the short head of the medical biceps tendon, medial aspect. The patient has a whole marked deformity of the whole biceps muscle and its attachment. The inferior attachment is intact. The long head of the biceps are intact. The short head is absent, with marked deformity of the whole biceps. The patient has equal and normal motion of

87

the left shoulder, both elbows and wrist joints. Motion of the right shoulder is limited, with marked weakness of the long head of the biceps as well as absence of the short head of the biceps. Strength and motion of the right hand, fingers, and thumb is limited. . . . DIAGNOSIS: A Defect of the upper third of the biceps in the region of the upper third of the biceps muscle, with an apparent tear of the short head of the biceps. COMMENT At this time the patient is in need, I think of (sic) surgical repair shouZd have been done of the short head of the biceps, and possibly the long head of the biceps at the time of the injury. At this time the patient could be helped by an intensive course of physiotherapy and exercises as well as possible surgical repair of the biceps muscles and their short and long heads." (Cl. EX. 3) (Emphasis supplied.)

The Claimant was 24 years old at the time of the accident. The injury is permanent and will require surgery, although complete recovery is highly unlikely. Claimant's testimony indicates that he has attempted gainful employment since his release from State custody, but has been terminated because of his inability to perform physical tasks with his injured arm. Considering the entire record in this case, Claimant is entitled to an award of $60,000.00. It is therefore ordered, adjudged and decreed that Claimant is awarded $60,000.00 in full and complete satisfaction of this claim.

I

I I

!

(No. 83-CC-0026-Claimants awarded $lO,ooO.OO.)

DEAN and KAREN BUNDY, Claimants, 0.THE STATE OF ILLINOIS,

Respondent.

Opinion filed August 4,1986.

EMMANUEL GUYON, Claimants. for

88

NEIL F. HARTIGAN, Attorney General (LYNN SCHOCK, Assistant Attorney General, of counsel), for Respondent.

NFGLlGENCE-eSSentkd elements of negligence action. In order for a Claimant to recover in a case against the State based on negligence, the Claimant must prove that the State was negligent, that the negligence caused the damages complained of, and that the Claimant was free from contributory negligence. HIGHWAYShighway built closer to Claimants' residence-award granted. In an action based on the claim that the results of an improvement of a highway decreased the value of Claimants' home, increased noise and water damage, and caused psychological fear due to the nearness of traffic, the Court of Claims granted an award of $10,000, since the evidence supported the Claimants' allegations as to the damages and that the State was responsible for the damages.

HOLDERMAN, J

The nature of this case is that of a property claim for damages incurred by occupants of a single-family residence home which is located adjacent to a newlyconstructed highway and land overpass. The claim of damage includes decrease in value of the home, loss of use of the home, psychological fear by having to live in the home under the new conditions, structural damage to the home, water damage, increased noise, and other incidental damages to the premises. During 1980 and 1981, in the course of improving Illinois Route 23 in Streator, Illinois, the State of Illinois widened that highway so it is now eight feet and one inch closer to the Claimants' property than it was prior to the improvement. The Claimants contend that the widening of the highway damaged their property in the amount of $52,000.00. The Claimants live in a single family residence located at 1815 South Bloomington Street, Streator, Livingston County, Illinois. They have lived there for 15 years and the home in question was previously owned

89

by Dean Bundy's parents for many years before being purchased by Claimants. State Highway F.A. 24, runs in a north and south direction on the west side of Claimants' property. The highway is located 15.2 feet from the side of the house and the home is 6.75 feet from the State right-of-way line. The home was within 22 feet of Illinois Route 23 before the State improved the road.

As part of this improvement, the State, using its existing right-of-way, widened Illinois Route 23 so it now passes eight feet and one inch closer to the Bundy home than it did prior to the construction.

It is Claimants' contention that as a result of this improvement of the highway, several problems have occurred which have caused the damages complained of. First, the speed of the trucks using the highway due to the improvements is much higher than it was before the improvements and the vibration is therefore much greater. The Claimants allege that the basement foundation, as a result of this heavy vibration, has been cracked and there is now seepage of water that did not exist prior to the improvements with the result being there is now water in the basement. Claimants contend that the evidence is uncontradicted, that water now accumulates in the back yard to the extent there may be a pond up to 50 feet in width, and that the new highway is banked which causes water to flow onto their property much faster than it had before. Claimants also allege that their property is so close to the highway that when snow on the pavement is melting, the splash from the traffic throws water and slush against the house and that, together with the

I

90

chemicals used to melt the snow, results in a discoloration that never existed before. The highway is now approximately eight feet closer to Claimants' house than it was before the improvements were made and the uncontradicted evidence is that there is much more vibration in the house now. Claimants contend that since their house is now closer to the highway traffic, with the size of the trucks that go by their house and the speed of travel, an accident could very well propel them into the home of Claimants. Claimants state because of this, they do not use part of the house, particularly the living room, which is close to the highway, for fear of injury to an occupant of the room if a truck left the highway.

In order for a Claimant to recover in a case against the State, he must prove that the State was negligent, that such negligence caused the damages complained of, and that Claimant was free from contributory negligence.

The evidence relative to the leakage of the basement wall of Claimants' house, the vibration, and the water in the back yard was not rebutted or contradicted. The Court readily understands the fear that might exist in the minds of property owners if their living room was placed within 15 feet of a main highway. I t is the Court's opinion that Respondent is responsible for the damages caused and that a reasonable amount of compensation for said damages is

$10,000.00.

An award is hereby entered in favor of Claimant in the amount of ten thousand ($10,000.00) dollars.

91

(No. 83-CC-1456-Claim dismissed.)

UNITED CAB DRIVEURSELF, INC., Claimant, v. THE STATE ILLINOIS DEPARTMENTOF PUBLIC AID, Respondent.

Opinion filed May 1,1987.

OF

ROLLAND MCFARLAND, Claimant. J. for NEIL F. HARTIGAN, Attorney General (KATHLEEN O'BRIEN, Assistant Attorney General, of counsel), for Respondent.

PRACXICE A N D ~RocEouRE-damages must be pleaded in detail. The Court of Claims Rules require that the Claimant plead each item of damages in detail and to identify specifically and document prior presentations and agency responses, and failure to comply with this rule shall be grounds for dismissaI of the claim. CoNmAcrs-claim by medical-service provider dismissed-noncompliance with Court of Claims Rule 5. The Court of Claims dismissed the claim of a medical-service provider based on the Claimant's failure to comply with the requirements of Court of Claims Rule 5 regarding the specificity with which a claim must be stated, since the Claimant's mere attempt to comply with the Rule by tendering invoice-copies was insufficient, and the presentation of the claim in that form failed to state a cause of action or give the State reasonably fair notice of the specific factual allegations on which the claim was based.

PATCHETT, J.

This cause is before the Court on Respondent's motion to dismiss the captioned claim, or alternatively, to strike and dismiss the complaint of the Claimant (United). Claimant having been given due notice, and the Court being fully advised in the premises, finds as follows: 1. Claimant is enrolled as a vendor, or "service provider" of medical transportation services to persons who are "recipients" as defined in section 2-9 of the Public Aid Code (PAC) (Ill. Rev. Stat., ch. 23, par. 2-9). Such recipients receive State-paid benefits under the medical assistance program administered by the Illinois Department of Public Aid (IDPA). In this action, filed

92

pursuant to section 11-13 of the PAC, United is apparently seeking "vendor payments" (section 2- of 5 the PAC) of from $3,400.10 to $5,550.90 in payment for services furnished during February through July 1982. The Complaint offers no other, more specific identification of the services, or service accounts on which United is basing its claim.

2. In its Court Rule 14 department report, IDPA denies that Respondents are indebted to United in any amount; and advises that United is indebted to IDPA for an unpaid $19.70 balance on a cash advancement which Respondents had previously made to United. Respondent's position is that, except for the cash advancement, this claim is similar in subject matter to the other "section 11-13" medical vendor claims which have been filed in this Court against IDPA. 3. IDPA also reports certain procedural deficiencies and omissions in United's pleadings and exhibit documentation, which it states have hindered investigation of the claim. These include United's failures:

a. to identify (in a "bill of particulars'' list) the specific service accounts (recipients' identities, dates served, specific dollar amounts charged on each service account) on which United bases this aggregate claim; b. to plead specifically, and document that each such account was presented for payment on an IDPA invoice to that agency; and c. to plead specifically, and document what specific "action /was/ taken" by that agency on each such invoice (e.g., in an IDPA remittanceadvice "voucher" response).

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The report notes that, under Court Rule 5, the obligations to plead "in detail each item of damages, and the amount claimed on account thereof," and to identify specifically, and document prior presentations and agency responses, are United's responsibility, not Respondent's. IDPA asserts that the fundamental requirements of notice pleading require United to plead specific factual allegations; and that, unless United presents its claim in the degree of specificity called for by Court Rule 5, it will be extremely difficult for the Department to investigate the merits of the claim effectively. See this Court's March 1, 1982, order in Barnes Hospital v . State, No. 82 CC 708 et seq.

4. According to the report, United has attempted to

meet its burden of pleading and documenting the component accounts of its claim by tendering its "Group Exhibit A," a file of "approximately 1,000 pages of documents" including invoice copies (apparently for both paid and unpaid accounts), IDPA's voucher responses, and other miscellaneous bookkeeping records. In thus responding to Respondent's discovery and bill-of-particulars requests, United infers that Respondent is obliged to sort through and organize its records, identify and separate the "paid" accounts from those which may be "unpaid," and then attempt to construct the components of the Court claim which United has filed. Respondent denies that it has any responsibility for developing and presenting United's claim. They contend that their obligation is limited to responding to the specifics of the claim, once United has presented it in accordance with Court rule requirements.

5. IDPA further reports that its staff, and the Clerk of this Court, have developed a set of sample pleading forms, including a bill-of-particulars form and related

94

instructions, which medical vendor Claimants may choose to follow in commencing section 11-13 actions against IDPA. These forms are designed to assist such Claimants in presenting their claims in accordance with Court rules and with IDPA's own regulations and requirements for vendor invoicing. They offer the additional benefit of encouraging a consistent and orderly presentation of such claims, thereby permitting IDPA staff to investigate them effectively and efficiently. Based upon the foregoing, the Court makes the following additional findings:

6. United's claim, as thus presented, does not state a cause of action on which this Court could grant any relief. Before addressing any matters raised in defense (e.g., prior payment via cash advancement), the Court must first determine whether United's complaint (a) complies with the provisions of Court Rule 5, and (b) offers Respondent reasonably fair notice of specific factual allegations which it could investigate and respond to. Based upon the deficiencies outlined above, we find that the complaint does not comply with Rule 5's requirements. We further find that the complaint fails to provide Respondent with fair notice of which specific accounts comprise this claim, of United's "previously presented" invoices on those accounts, of IDPA's responses or other "action taken," or of other "details" required if IDPA can be expected to report to the Court in a meaningful way.

7. In this regard, we note the Complaint alleges

United's "total billings" on a month-by-month basis (whether by month-of-service or month-of-invoicing is not indicated), and of the dollar totals of amounts allowed and disallowed by IDPA under section 11-13.

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This summarized statement of bookkeeping balances does not represent the detailed allegations which a proper investigation of this claim would require.

8. United's tender of a file containing its bookkeeping records, invoices and vouchers is not an appropriate substitute for the proper pleading of its claim. At this juncture, United's complaint asserts, in essence, that it has been underpaid by from $3,400.10 to $5,550.90, its claim representing the difference between the total of a substantial number of individually-invoiced accounts and the total of IDPA's payments and credits. Investigation can occur only after the correct "pieces" of the claim are identified and assembled, and the completed " puzzle" is available for review. Respondent is not obliged to determine which pieces "fit" and which do not, or to attempt to assemble a claim which "fits" the complaint, because the constituent pieces are the product of United's selection. United must identify its selected accounts, and then proceed to meet Rule 5's requirements as to each of them.

9. United has not met its pleading responsibilities

simply by alleging that it "disputes all rejected (disallowed) amounts," and that it did in fact perform the services invoiced. In its report, IDPA advises that a vendor's right to be paid for services is contingent upon its timely submission of properly prepared and documented invoices. The Department asserts that its invoicing requirements are explained in its Medical Assistance Program (MAP) Handbook for Trunsportution Services, and that such requirements correspond to IDPA regulations and policy. These Handbooks were furnished to United and other vendors upon their enrollment; and United has, by written agreement, committed itself to complying with all Handbook

96

requirements. The extent of United's compliance can only be assessed by the parties and the Court after United has adequately presented the accounts on which it bases this claim, and after IDPA has investigated as to those accounts.

10. Court Rule 9 provides that a Claimant's failure to comply with the provisions of Rule 5 shall be grounds for dismissal of its claim.

It is therefore hereby ordered:

That Respondent's motion to dismiss is hereby granted, and Claimant United's complaint is hereby stricken as insufficient in form and substance, as not complying with the rules of this Court, and as failing to state a cause of action on which relief may be granted; That Claimant is given thirty (30) days from the date of this opinion in which to file an amended complaint. Any amended complaint hereinafter filed by Claimant shall utilize the form and format of the IDPA Medical Service Provider Complaint available from the clerk of this Court, including the submission of a completed bill of particulars as therein indicated, and shall set forth the specific detail of Claimant's individual accounts required b y that form and the related instructions. That, if Claimant should fail to file its amended complaint within the time herein specified, then this claim and cause of action shall stand dismissed with prejudice, and the clerk of this Court shall thereupon record such dismissal on the Court's records pertaining to this claim.

97

(No. 83-CC-1878-Claimant awarded $2,000.00.)

MICHAEL LICHTER, Claimant, u . THE STATE

Respondent.

Opinion filed May 26,1987.

OF

ILLINOIS,

FRANCIS KAITIS, for Claimant.

LEY,

NEIL F. HARTIGAN, Attorney General (JOHN BUCKAssistant Attorney General, of counsel), for Respondent.

NECtiCENCE-!hte'S duty to maintain manhole covers. The State has a duty to maintain manhole covers in the State of Illinois in a state of proper repair for the safety of persons and vehicles using the State highways, and the failure to replace or repair a manhole cover which has a defect of which the State has actual or constructive notice is negligence on the part of the State. SAME-defective manhole cover-child injured leg-award granted. Where the State's negligent failure to repair or replace a defective manhole cover was the cause of the injuries sustained when a minor Claimant stepped through the cover and caught his leg, the Court of Claims granted an award based on the damages, including the child's medical expenses and lost wages, since the child was not contributorily negligent and the State's negligence was the sole cause of the occurrence.

POCH,

J.

Claimant, a 14-year-old boy, alleges that on July 14, 1982, at about 4:30 p.m., he was injured while in the process of crossing Touhy Avenue from the north to the south side of the street. The complaint alleges that upon stepping from the curb, he stepped on top of the storm sewer and his right foot went through the top of the sewer because one of the grates had been removed. Claimant's right leg was stuck into the sewer past his knee and he was unable to remove his leg on his own initiative. The police were called to the scene and they were unsuccessful in removing the boy's leg. The Skokie Fire Department arrived at the scene and were finally able to remove the Claimant's leg. Claimant was stuck in the sewer for approximately 30 minutes.

98

Claimant was taken to Skokie Valley Hospital where he was X-rayed and a brace was applied to the leg. At the time of his injury, Claimant had a summer job with Duffy i Quinn Construction Company at which job he was paid k $3.35 an hour for 40 hours a week, or a total of $134.00 per week. Claimant was off work for approximately five weeks, resulting in a loss of $670.00. He also incurred a hospital bill which, including doctor's services, amounted to $139.00. Claimant testified he has made a complete recovery from his injuries. It was established at the time of the hearing by the Commissioner that it was the duty of the State of Illinois to maintain the manhole cover in question and that there was a defect in said cover which resulted in Claimant's injuries. In situations such as this, this Court has held that it is the duty of the State of Illinois to maintain the manhole covers in a state of proper repair for the safety of persons and vehicles using the highway. (Bed 0.State, 21 Ill. Ct. C1. 480; Gouchot v . State, 21 Ill. Ct. C1. 157; Mayes v . State, 23 Ill. Ct. C1.93.) Such a defect, which is known or could have been ascertained by reasonable inspection, amounts to constructive notice, and the failure to replace or repair such defect amounts to negligence on the part of the State of Illinois. The Court is of the opinion that Claimant acted in the way an ordinary 14-year-old would act in crossing the street where he did. The record is devoid of any evidence showing any contributory negligence on the part of Claimant. The Court is of the opinion that the State is guilty of negligence and that said negligence caused the Claimant's injury as set forth in the complaint.

99 The Court believes an award in the amount of two thousand ($2,000.00) dollars is a proper award in this matter. An award is hereby entered in that amount on behalf of Claimant.

(No. 83-CC-1900-Claimant awarded $40,OOO.00

DEBORAH WOODHOUSEATLETT, Claimant, C ILLINOIS, Respondent.

Opinion filed July 3,1986.

0.THE

STATE

OF

HEITZINGER, CONDON HOFSTETTER, Claimant. & for NEIL F. HARTIGAN, Attorney General (RALANDA WEBB, Assistant Attorney General, of counsel), for Respondent.

STiPuLATIoNS-car hit rut in highway-driver injured-award granted.

Based on the joint stipulation of the parties, an award was granted to a Claimant who was injured when her car crashed into a ditch after hitting a rut in a highway.

MONTANA, C.J. This matter is before the Court on the joint stipulation of the parties. This claim sounds in tort and is brought pursuant to section 8(d) of the Court of Claims Act (Ill. Rev. Stat. 1983, ch. 37, par. 439.8(d)). The incident involved herein occurred on October 16, 1982, at or near mile marker 273 on Interstate 57 in Iroquois County, Illinois. The wheel of the car in which Claimant was a passenger caught in a rut in the pavement, causing the car to careen off the roadway into a nearby ditch. Claimaint suffered fractured vertebrae and other injuries as a result of the accident.

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Based on the foregoing, Claimant, Deborah W. Catlett, is hereby awarded the sum ,of forty thousand ($40,000.00) dollars in full and final satisfaction of this claim.

(No. 83-CC-1956-Claim dismissed.)

ROCK ISLAND FRANCISCAN HOSPITAL, Claimant, 27. THE STATE OF ILLINOIS, Respondent.

Opinion filed April 28,1987.

GENDE, MESICH& BEATTY, for Claimant. NEIL F. HARTIGAN, Attorney General (SUE MUELLER, Assistant Attorney General, of counsel), for Respondent.

CoNTRAcTs-Department o f Public Aid regulations may limit vendor's Tight to payment. The Illinois Department of Public Aid regulations concerning the filing of invoices and receipts must be complied with b y vendors in order for vendors to be entitled to payment for services rendered to a public aid recipient, since a vendor`s right to payment of a claim under the Illinois Public Aid Code may be limited b y the regulations of the Department. SAME-chim for services rendered to public aid recipient dismissednoncompliance with billing regulations. The Court of Claims dismissed a vendor's claim for services rendered to public aid recipients, since the vendor failed to comply with the regulations of the Department of Public Aid regarding the timely filing of invoices for the services rendered.

PATCHETT, J This cause coming on to be heard on Respondent's motion to dismiss, due notice having been given and the Court being fully advised finds as follows: Hospital's $781.56 claim, apparently intended to be filed pursuant to section 11-13 of the Illinois Public Aid Code (Ill. Rev. Stat., ch. 23, par. 11-13), seeks a vendor payment from the Illinois Department of Public Aid

101

(IDPA) on a single patient account, Claimant's provider reference No. 5272075, for which Claimant has identified its patient as either Holly Fordham or Gary Sprague. The claim is for services rendered during an inpatient stay from December 1 through December 4, 1981. This claim raises the issue whether Claimant had lost the opportunity to seek payment of this account, as a result of its failure to submit its invoice for its services until after the regulatory deadline for IDPA's receipt of such invoice.

IDPA's regulation (Department Rule 140.20(c), (d) and (e), published at 89 Ill. Adm. Code 140.20;formerly Rule 4.015) provides: that an invoice (or "vendorpayment claim") must be received by the Department no later than six months following the date on which medical services were rendered; that invoices not so received are ineligible for payment; and that the State has no payment liability for tardily-received invoices. In the instant claim, the complaint presents three invoices, all apparently prepared by Claimant for the purpose of billing these services to IDPA. In its first two invoices (prepared in December 1981 and May 1982), Claimant identified its patient as Holly Fordham. Claimant has failed to establish that either of these invoices was ever submitted to or received by IDPA. The third invoice, dated January 13, 1983, identifies Claimant's patient, and the recipient of these same services, as Gary Sprague and this invoice was received by IDPA, on January 17,1983, some 13 months after the services had been rendered. The invoice was disallowed for payment by IDPA (by the rejection message "submitted later than one year after service") as a result of Claimant's failure to submit it within the time prescribed by Rule 140.20.

102

This third invoice (for patient Sprague) contains no entries in the spaces, or "fields" labelled "Original DCN" or "Voucher Number." In compliance with IDPA's Handbook for Hospitals billing instructions, Claimant would have completed these two fields, if this account (whether for services to Fordham or to Sprague) had previously been invoiced to IDPA and disallowed for any reason by IDPA. Claimant's failure to complete these two fields thus serves to confirm that this January 13, 1983, invoice represents its first submittal of its charges on this account to IDPA.

A vendor's right to payment of a claim, enforceable under section 11-13 of the Illinois Public Aid Code, may be "limited by regulations of the Illinois Department." (Ill. Rev. Stat., ch. 23, par. 11-13.) Rule 140.20 is one such limiting regulation. It imposes a deadline requirement on Claimant and other medical vendors with which they must comply if they are to receive payments for services to IDPA recipients. Moreover, as noted in IDPA's report, Claimant has signed a Provider Agreement with the Department, upon enrolling as a Medical Assistance Program (MAP) participant, in which it "agrees to abide by the Department's properly promulgated Rules and Hospital Handbook' requirements, necessarily including Rule 140.20 and a corresponding invoicing deadline set out in IDPA's MAP Handbook for Hospitals instructions.

This Court has recognized IDPA's invoice receipt deadline as a requirement with which vendors must comply in establishing their right to be paid for recipients' care. (Weissman v. State (1978), 32 Ill. Ct. C1. 150; Brokaw Hospital v . State (1980), 34 Ill. Ct. C1. 316; Methodist Medical Center v . State (1980), 34 Ill. Ct. C1. 316; Good Samaritan Hospital v . State (1982), 35 Ill. Ct.

103

C1. 379; and Rush Anesthesiology Group v. State (1983), 35 Ill. Ct. C1. 851.) It appears that reasonable diligence by vendors will allow for IDPA's receipt of their claims within these time limits. Accurate invoice preparation and timely submittal should also assure vendors of prompt payment under IDPA's MAP. In an order entered on May 3,1982 (in Rock Island Franciscan Hospital v. State, No. 82 CC 899, consolidating six claims), this Court reported concern for the nonpayment status of Claimant's accounts for services to IDPA recipients. We expressed the belief that Claimant's proper and timely compliance with IDPA's Rule and Handbook requirements would allow it to be paid promptly for its eligible services, through the Department's administrative channels. We continue to believe that Claimant's adherence to these requirements, in billing such services for payment, will in fact result in Claimant's receiving the "vendor-payments''from IDPA to which it is entitled. It is hereby ordered that this claim be, and it is hereby dismissed, the Claimant having failed to comply with the invoice receipt requirement of IDPA Rule 140.20.

(No. 83-CC-2149-Claim dismissed.)

LORRAINE PRENCIPE, Claimant, 0.THE STATE OF ILLINOIS, Respondent.

Order on motion to dismiss filed May 8,1985. Order on motion to vacate dismissal filed August 8,1985. Order on motion to dismiss filed May 15,1987.

BRIAN D. ALPERT and RICHARD GEIGER, for Claimant.

104

H INSHAW, C ULBERTSON, M OELMANN, HOBAN&

FULLER, for Respondent.

NEGLIGENCEwhen release is presumed valid. A full or unqualified release given to any one of those concurring in the cause of an injury releases both joint and independent concurrent tort feasors, and such a release is to be given the presumption of validity. SAME-motorcycle accident- negligent highway constructionrelease-claim dismissed. In an action alleging that the Claimant sustained injuries in a motorcycle accident due to negligent construction of a State highway, the Court of Claims dismissed the claim on the basis of the Claimant's execution of a full and unqualified release for damages arising from the occurrence, since the release contained no express reservation of rights, and it was clearly a full or unqualified release as to one indivisible injury.

ORDER ON MOTION TO DISMISS HOLDERMAN, J This matter comes before the Court upon motion of

Respondent to dismiss the complaint filed in this matter.

Respondent's motion sets forth that Claimant filed a complaint in this Court alleging damages sustained as a result of negligent highway construction on August 3, 1982, near the intersection of Ogden Avenue and Washington Street in Naperville, Illinois. Said motion further states that Claimant executed a full and unqualified release, dated July 15, 1983, for damages arising from this accident. Respondent cited the case of Porter v . Ford Motor Co. (1983), 96 Ill. 2d 190, 449 N.E.2d 827, in which the Illinois Supreme Court held that a full or unqualified release as to one indivisible injury given to anyone of those concurring in its cause releases both joint and independent concurrent tortfeasors. Motion to dismiss is hereby granted and this cause is dismissed.

105 ORDER ON MOTION TO VACATE DISMISSAL

HOLDERMAN, J.

This matter comes before the Court upon Claimant's request that the Court's order of May 8, 1985, dismissing this claim be vacated and Respondent's motion to dismiss be denied. Respondent's motion to dismiss, filed January 4, 1985, requested dismissal on the grounds that Claimant "executed a full and unqualified release dated July 15, 1983, for damages arising from this occurrence." Claimant, in her brief in response to motion to dismiss, dated July 2, 1985, states that her attorney never received a copy of Respondent's motion to dismiss and the first notice she had of said motion was the order entered by the Court on May 8,1985. Said brief also sets forth that on June 13, 1985, the parties appeared on a status call before Commissioner Robert E. Cronin who granted Claimant 21 days to file the instant memorandum in opposition to Respondent's motion and granted Respondent 21 days to respond and set the matter for status hearing on October 16,1985. It is hereby ordered that the Court's order of May 8, 1985, dismissing said claim be, and the same is, vacated, and this matter is continued until the hearing on October 16, 1985, before Commissioner Cronin. ORDER ON MOTION T O DISMISS

HOLDERMAN, J.

This matter comes before the Court upon Respondent's motion to dismiss and amended motion to dismiss. This matter arose as a result of a motorcycle accident on August 3, 1982, near the intersection of

106 Ogden Avenue and Washington Street in Naperville, Illinois. On January 4, 1985, Respondent filed a motion to dismiss which was granted by the Court's order of May 8, 1985. On May 28, 1985, Claimant filed a motion to vacate the dismissal order, and on August 8, 1985, the Court entered an order granting Claimant's motion to vacate and continuing Respondent's motion to dismiss for hearing. The record shows that Claimant Lorraine Prencipe executed a full and unqualified release of all claims dated July 15, 1983, for all damages arising from this occurrence. Said release states, in part: ". . . all other persons, firms, corporations, associations or partnerships of

and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and other compensation whatsoever, which the undersigned now hadhave or which may hereinafter accrue on account of or in any way growing out of any and all known or unknown, foreseen and unseen bodily and personal injuries and property damage and the consequences thereof resulting or to result from the accident, casualty or event which occurred on or about the third day of August, 1982 at or near the intersection of Ogden Avenue and Washington Street, Naperville, Illinois."

Respondent's motion to dismiss calls attention to the fact that the aforementioned release does not contain an express reservation of rights and that it is clear on its face that it is a full or unqualified release as to one indivisible injury. Respondent's motion further states that in Porter v . Ford Motor Co. (1983), 96 Ill. 2d 190,449 N.E.2d 827, the Illinois Supreme Court held that a full or unqualified release given to any one of those concurring in its cause releases both joint and independent concurrent tortleasors; further, such releases are to be given the presumption of validity. (See Wasmund v . Metropolitan Sanitary Dist. (1985), 135 Ill. App. 3d 926, 482 N.E.2d 351.) Respondent further states that the language of the

107

release executed by Claimant Lorraine Prencipe falls within the ambit of and is governed by the Porter decision and therefore, the release bars any and all claims arising out of the occurrence which is the subject of said release. It is the opinion of this Court that the release executed by Claimant is a full and complete release of all claims that might arise out of the accident complained of. Motion to dismiss is granted and said cause is dismissed.

(No. 83-CC-2334-Claim dismissed.)

KATHY STANLEY, Claimant, v . THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS, Respondent.

Opinion filed November 21,1985. Order on motion to dismiss filed April 4,1986. Order on motion to dismiss filed September 8,1986.

HEYL, ROYSTER, VOELKER & ALLEN, for Claimant. FRANKLIN, FLYNN & PALMER, for Respondent.

P RACTICE A N D PRocEDuRE-factors, considered i determining whether n verdict will be directed. In determining whether a motion for a directed finding should be granted, the Court of Claims must look solely to the evidence presented by the Claimant in its case in chief and determine whether, based on that evidence, a prima facie case of negligence has been made. NEGLIGENCE- What necessary to establish prima facie case of negligence. In order to establish prima facie case of negligence, the Claimant has the burden of proving by a preponderance of the evidence that the State was negligent, that the negligence was the proximate cause of the injury, and that damages naturally flowed from the injury.

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SAME-state hospital's duty to patients. A State hospital is not an insurer of its patients, but it does owe them a duty to exercise reasonable and ordinary care in their treatment, and in order for a Claimant to recover on a tort theory of liability for injuries arising from care in a State hospital, the Claimant must establish that the State, through its agents breached its duty of care. SAME-alleged negligent treatment of horse-Claimant failed to meet burden of proof- findingdirected for State. In an action alleging that a State hospital negligently treated Claimant's horse, the Court of Claims directed a finding on the negligence theory against the Claimant, since the Claimant failed to meet her burden of proof, the Claimant failed to present any expert testimony concerning the drug administered to her horse or of the standard of care in the community, and Claimant failed to present any evidence that the administration of the drug was the proximate cause of the horse's injuries. SAME-alleged negligent treatment of horse-res ipsa loquitur not applicable. The doctrine of res ipsa loquitur was not applicable to an action alleging negligent treatment of a Claimant's horse by a State hospital, since the evidence established that the Claimant was actively involved in the positioning of the horse during the treatment, and therefore the State was not in exclusive control of the horse at the time of the alleged injury and there was no evidence that there was a deviation from the normal standard of care when the CT-scan equipment made contact with the horse during treatment. CoNTRAcrs-treatment of horse-breach of contract claim dismissedbrief not timely filed.The Court of Claims dismissed a claim alleging breach of contract in the treatment of the Claimant's horse by a State hospital, since the Claimant failed to timely file her brief with respect to the breach of contract argument as ordered by the Court.

MONTANA, C .J.

This cause is before the court on Respondent's motion for directed verdict at the close of Claimant's case in chief. Respondent's position is that the evidence adduced by Claimant during its case in chief, even when viewed in the light most favorable to Claimant, does not establish a prima facie case of negligence. Claimant filed her claim against the board of trustees of the University of Illinois alleging a breach of contract and negligence in the treatment of her horse, Sylvan Motaj, an Arabian gelding during a lameness examination which was performed on the horse.

109 At the end of March 1981, Sylvan Motaj, known hereafter as "Mo," injured himself. A decision was made to bring "Mo" to the University of Illinois at Champaign for an examination to determine the nature of the injury. Upon examination by Dr. Boero of the University of Illinois Large Animal Clinic, a series of X rays and a CTscan were ordered for the front legs of the horse. The facility at the University of Illinois had the only CT-scan capabilities in the area. Claimant testified that before the CT-scan, she advised two students or technicians who were going to tranquilize the horse that "this horse does not do well on Rompun. It's not a good tranquilizer for him." The tranquilizer was given to the horse before she could object further. The CT-scan proceeded. Because no problems were detected with respect to the front legs, the CT-scan was directed to the hind legs of the horse. Also the horse was repositioned to accomplish this with the very active assistance and direction of Claimant. At that point, Claimant told a person raising the equipment to be careful. Nonetheless, the equipment did touch the horse. The horse then kicked and injured his left hind leg. The cut went to the bone. According to Claimant, because of the injury the horse is not capable of being a show horse and can only be a trail horse. Claimant was not able to complete a pending sale and had expenses for veterinarians and other consequential expenses. The cross-examination indicated Claimant discussed the CT-scan with Dr. Boero but did not tell him anything about not using Rompun. She did not place any information about Rompun in writing, did not order the technician to stop injecting Rompun, and did not ask the technician for his name.

110 At the trial, at the close of Claimant's case, Respondent made a .motion for directed verdict. The Commissioner ruled that under the present rules of the Court of Claims, the Commissioner did not have the authority to grant such a motion. However, the Commissioner required the Respondent to go forward with its case without prejudice to its position that it was entitled to a directed verdict at the close of Claimant's case.

In deciding the motion for directed finding as to the tort claim, the Court must look solely to the evidence presented by Claimant in its case in chief and examine that evidence and determine if a prima facie case of negligence has been made. For Claimant to prevail on a tort theory, Claimant has the burden of proving by a preponderance of the evidence that the State of Illinois was negligent, that such negligence was the proximate cause of the injury and that damages naturally flowed therefrom. (Mount v . State (1977), 31 Ill. Ct. C1. 304.) A State hospital is not an insurer of the well-being of its patients but it does owe them a duty to exercise reasonable and ordinary care in their treatment. (Mazurek v . State (1975), 30 Ill. Ct. C1. M7.) To recover on the tort theory of liability, Claimant must prove the Respondent breached this duty owed to her. The State was under a duty to use such reasonable care as the known conditions required. (Zngrum v . State (1979), 33 Ill. Ct. C1. 134; Todd v . State (1978), 32 Ill. Ct. C1. 87.) Unless Claimant can prove the agents of the State were negligent, that the CT-scan was improperly administered, or the injection of Rompun was a negligent act, then the claim must fail. Tolen v . State (1979), 32 Ill. Ct. C1. 628. Respondent in its motion for directed finding as to the tort claim argues that no evidence was elicited by Claimant by any expert testifying to the effects of the

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drug Rompun or that the administration of the drug was the proximate cause of the injury to the horse. Claimant argues that the technician permitting the equipment to touch the horse was proof of negligence, that the negligence was so gross that experts are not required, and that the doctrine of res ipsa loquitur is applicable. However, the arguments of Claimant are in the most part based on the testimony of Dr. Boero. This testimony will not be considered in determining the motion for directed finding because it was elicited in the Respondent's case. Respondent is correct that no expert testimony was elicited during Claimant's case 'in chief concerning the effects of Rompun, the standard of care in the community, or that the administration of Rompun was a proximate cause of the injuries to the horse. Therefore, Claimant has failed to meet its burden of proof. O'DonneZZ v. State (1980), 34 Ill. Ct. C1. 12; Porter u. State (1965),'25 Ill. Ct. C1. 62.

Res ipsa loquitur, while applicable to medical malpractice cases, is of no help to Claimant because Claimant actively assisted, in positioning the horse and therefore Respondent was not in exclusive control. Further, there is no evidence that making contact with the horse during a CT-scan is a deviation from the normal standard of care. (Krotser v. State (1980), 33 Ill. Ct. C1. 244; lngram, supra; O'Donnell, supra.) Put another way, there is no evidence that it was negligence on Respondent's part because a part of its equipment touched the horse.

The motion for a directed finding on the negligence theory of liability is granted and the cause of action for negligence is dismissed. The case is remanded for the parties to brief their positions on the breach of contract theory on an expedited basis.

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ORDER ON MOTION TO DISMISS

MONTANA, C.J.

Respondent has moved for an order of dismissal due to Claimant's failure to file her brief with respect to the breach of contract theory by January 27,1986. It is hereby ordered as follows: a. Claimant is granted 30 days from the date of this order to file her brief with respect to the breach of contract theory. No further extensions will be granted. b. If Claimant's brief is not timely filed, upon motion by Respondent, this claim will be dismissed. c. Respondent's motion to dismiss is denied for the present without prejudice to Respondent renewing the motion if Claimant does not comply with the provisions of this order. ORDER ON MOTION TO DISMISS

MONTANA, C.J.

Respondent has moved for the entry of an order of dismissal due to Claimant's failure to file her brief in accordance with the order of this Court filed on April 4,

1986.

Because Claimant has not complied with this Court's order of April 4, 1986, which stated that if Claimant failed to file her brief within 30 days of April 4, 1986, this claim would be dismissed, it is hereby ordered that this claim is dismissed.

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(No. 83-CC-2545-Claimant awarded $20,000.00.)

P AUL PETRUSAK, Claimant, v . THE STATE OF ILLINOIS, Respondent.

Opinion filed May 14,1987.

TIMOTHY T. MCLAUGHLIN, Claimant. for

NEIL F. HARTIGAN, Attorney General (H. ALFRED R YAN , KATHLEEN O'BRIEN, JOHN BUCKLEY, Assistant and Attorneys General, of counsel), for Respondent.

PRISONERS INMATm-Stute is not insurer of safety of inmates. The AND State of Illinois is not an insurer of the safety of inmates in its custody, but it does have a duty to exercise reasonable care to prevent inmates from suffering harm at the hands of other inmates, and the determination of what is reasonable under the circumstances depends on the facts of each case viewed in light of the prison environment and the discretion which must be accorded prison officials. NEGLIGENCE-injUTY to inmate-factors considered in determining foreseeability. In a case based on an injury sustained by a prison inmate at the

hands of another inmate, the foreseeability of potential for harm must be proved by a preponderance of the evidence, and foreseeability must be judged by the facts of each case and by taking judicial notice of the prison environment. PRISONERS AND INMATESinmate stubbed by other inmate-state negligent-award granted. An award was granted to a Claimant who was stabbed by a fellow inmate of a State correctional facility, since the record established that the Claimant had asked to be placed in protective custody and the prison officials were informed of the Claimant's concern regarding a potential attack, and yet they failed to take reasonable precautions and failed to comply with their own regulations concerning such situations, and the Claimant was not guilty of any contributory negligence.

MONTANA, C.J.

Paul Petrusak, a former inmate at the Pontiac Correctional Center, brought this action sounding in tort for personal injuries received in a stabbing incident while he was incarcerated. A hearing was held by Commissioner John Simpson, briefs were filed, and the Commissioner filed his report. This is a serious matter and the Court has given it careful consideration. The State is not an insurer as to the safety of an

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inmate in its custody. It does however have a duty to exercise reasonable care under the circumstances to prevent its inmates from suffering harm at the hands of other inmates. What is reasonable under the circumstances will necessarily vary from case to case. Reasonableness has to be judged in view of the prison environment. In this type of case we must recognize, and take care so as not to unduly interfere with, the large amount of discretion which must be accorded prison officials in handling the day-to-day affairs of operating an institution for persons convicted of crimes. Foreseeability of potential for harm is a necessary element which must be proven by the preponderance of the evidence in this type of case. What is foreseeable necessarily must be judged by the facts in each case and by taking judicial notice of the prison environment. The facts in the case at bar are for the most part undisputed. Most of the arguments in the briefs were directed at the weight to be attached to the facts and the conclusions to be drawn from them. The evidence was as follows. Prior to the incident the Claimant had been working in the officers' kitchen. On or about December 1, 1982, the Claimant was apprehended taking a 100 pound bag of sugar from the officers' kitchen. As a result of this offense, he lost his job. Up to that time he had been residing in cell 338. This cell was in an area reserved for certain assigned workers. With the loss of his job, the Claimant was no longer qualified for a cell in this area. Shortly thereafter, on December 7,1982, the gallery officer notified Claimant he had been assigned to a cell in gallery five. Claimant refused to move stating that because he would not join a gang called the Northsiders

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he would be dead in a week if he moved to gallery five. He wrote a note to one Lieutenant Staley asking to be put in protective custody. Following receipt of the note by Lieutenant Staley, Claimant was taken the same day to the office of Warden McGinnis for an interview. Claimant explained his problem to Warden McGinnis and asked to be put in protective custody:

``0.What if anything did you say to the warden?

A. I explained the same thing to the warden and the food supervisor as I explained to Lieutenant Staley, a gallery officer, that my life had been threatened by a gang member for refusing to join, and once I was removed from three gallery, as they say, it was all over with.

Q. Did you request protective custody? A. Yes, sir, I did." (Tr. 95.)

Contrary to Department of Corrections regulations (as will be discussed later on) Warden McGinnis did not immediately put Claimant in protective custody, but temporarily put him on deadlock status in a cell on gallery four pending investigation of the matter:

"Q. What if anything did Warden McCinnis say to you in response to that

situation?

A. After I explained the situation to him, he said that I would temporarily

be removed to the back of four gallery which is used basically as a deadlock gallery as investigation for segregation purposes. Q. What if anything did he say to you about protective custody? A. He said it would have to be investigated for them to determine whether I rated protective custody or not, to prove my allegations." (Tr. 95.)

Claimant was then moved to cell 448 where he remained until December 16,1982. Because Claimant had refused to move, a disciplinary ticket was written on him. In response to the ticket, on or about December 11, 1982, he appeared before the adjustment committee and again asked for protective custody. On December 15,1982, inmate Randy Brackett (the

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inmate who stabbed Claimant on December 16, 1982) tried to stab Claimant through the bars of cell 448.

"Mr. McLaughlin: Q. What if anything unusual happened on December 15,

1982?

A. It was sometime before twelve o'clock, before the noon meal, when I was approached by a man. As far as I know, I had never seen him before. He was a resident. He called me to the bars of the cell and said he wanted to talk to me for a minute. I stepped up to the bars and folded my arms, and he stood there, and he asked me what my name was, and I told him, and he reached through the bars and grabbed me by my T-shirt; and as soon as he grabbed me, Randy Brackett stepped around the corner from the cell next to mine and tried to put his hand through the bar. He had a knife in his hand. When the hand came through the cell, I tried to pull him in. I ripped the front of my T-shirt. At that time, Lieutenant Croskreutz walked through the back of the gallery. I was three cells from the end, so he saw everything that was going on. Lieutenant Groskreutz ordered me to let him go and Brackett took off toward the front of the gallery which is all the way on the other end. He went through the main gate and down the stairs. The gentleman who grabbed my shirt jumped over the gallery off of four gallery on to two and underneath the walkway where you couldn't see him, and that's when Lieutenant Croskreutz came in the gallery. He asked me what had happened, and I told him, and he left me; and about ten minutes later, Lieutenant Croskreutz came back; and he handcuffed me and took me to the investigator's office." (Tr. 97-98.)

Again Claimant was not put in the protective custody unit but was sent back to cell 448, but the cell was deadlocked:

"0. What did you say to the investigator and what did he say to you?

A. I explained the situation to him again from the beginning, starting as of December 7th; and I described the occurrence that had just taken place, and he temporarily assigned me to P.C. deadlock pending investigation. Q. What happened then? A. That's when I was returned to the back of four gallery. Q. Were you placed on deadlock? A. Yes, sir." (Tr. 100.)

Immediately following the incident Lieutenant Groskreutz searched inmate Brackett for the knife. Although no weapons were found on inmate Brackett, in an interview with Brackett by one Sergeant Epley

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conducted the day of the stabbing which gave rise to this claim Brackett stated he had the knife on his person:

"Q. Did you have a homemade knife yesterday?

A. Yes, the same shank I used to stab him with today. Q. Where have you been holding the shank since yesterday? A. I had it when Lt. Groskreutz shook me down yesterday on one gallery. I had the shank in the front of my pants and Groskreutz missed it. He took me to my cell #246 south cellhouse, shook down my cell and I then

went in the cell with my shank on me." Exhibit 2

On December 16, 1982, in the early afternoon, two officers came to Claimant's cell and told him that he was being transferred to the protective custody unit in the north cellhouse. He packed his property into some boxes. He was handcuffed with his hands in front of him. He carried two of the boxes and the officers carried the others. When they reached the first floor they stopped in front of the sergeant's cage to sign Claimant out of the building. At that instant Brackett ran down a flight of stairs, rushed up to the Claimant and stabbed him in the back. Prior to the stabbing Officer Berry noticed Brackett loitering on a landing on four gallery. He told Brackett to go to his cell but Brackett declined saying he was waiting to talk to someone. Brackett's stated motive for stabbing the Claimant differed from what the Claimant previously stated. Brackett said he was a gang member who had been ordered to put a "hit" on the Claimant as a favor to another gang outside of the prison because the Claimant was a "stool pigeon." Exhibit 1. Although Claimant was standing upright with a nine-inch knife in his back, at the outset the officers were too confused to render him any immediate assistance.

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He persuaded the officer at the main door to let him out and he started walking towards the hospital.

"I walked around the kitchen, around the dry dock, and I was about 40 feet from the main intersection, the main crosswalk of the cell house before the officers finally started catching up to me. That's when my knees started getting wobbly. I was barely moving." (Tr. 108.)

He passed out and when he woke up he was lying on a stretcher at the intersection.

"A. I was numb from my shoulders almost to my knees from the cold because it was snowing, and I was laying there with no clothes on.

Q. Were you covered with anything?

A. No." (Tr. 109-110.)

Finally after an additional delay of about 15 minutes he was taken to the infirmary at the penitentiary, accompanied by about 15 officers, the investigator, and four or five of the hospital staff. The knife was in his back the whole time. After more delay in the infirmary, the institution physician removed the knife and the Claimant was transferred to St. James Hospital in Pontiac. He had surgery there. Because his progress was unsatisfactory, after approximately a week in St. James Hospital he was transferred to St, Francis Hospital in Peoria where he remained a few days. He was then returned to St. James Hospital in Pontiac. He returned to the Pontiac Illinois Correctional Center on December 30, 1982, and was discharged from the penitentiary the following day, December 31,1982.

ISSUES

I. Was the State guilty of negligence?

We find that the following acts or omissions taken as a whole do constitute negligence on the part of the State in the handling of this matter.

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A. The authorities at Pontiac Correctional Center

did not put Claimant immediately into protective custody when he asked for it. Claimant's Exhibit No. 15 is an inmate disciplinary report written by Gallery Officer Jackson on December 7, 1982, when Claimant refused to move from cell 338 to cell 522 as ordered:

"Charge: 307 unauthorized movement 403 disobeying a direct order, 404 violation of Rules. Observation: At about 9O a.m. December 7,1982, I c/o Jackson told Res. :O Petrusak #N21164, he had to move from 338 to 522. Res. Petrusak told me c/o Jackson he refuses to move on five gallery because, if I move I would be dead in a week. Resident Petrusak wrote a letter to Lt. Staley saying he wanted to go to P.C."

As a result of the letter to Lieutenant Staley, Claimant was taken to Warden McGinnis for an interview. He again asked to be put in protective custody. Administrative Regulation 808 specifically provides that the inmate requesting protective custody shall be reassigned from the general population to protective custody as "expeditiously as possible," and that the investigation as to whether his request is well-founded shall be made within 10 days thereafter. In other words, the inmate is put into protective custody immediately on his request, and then the matter is investigated.

"2. Within 10 working days after a committed person has been placed in protective custody, he shall appear before the Assignment Committee who shall make recommendation to the Chief Administrative Officer concerning the necessity of continued protective custody placement. The following factors, among other matters, may be considered by the Assignment Committee in making its recommendations:

a. Size, stature, age, degree of aggressiveness, criminal history, any history of being victimized; b. ldentijication of a specific individual who has threatened and can be expected to continue to threaten to physically harm the committed person requesting protective custody status;

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c. Institutional records that indicate the person has previously had difficulties adjusting within the general population due to pressure from other committed persons; d. Written or verbal reports from correctional employees or others, or

e. Other information that in the Committee's judgment makes continued protective custody placement necessary.

3. The Chief Administrative Officer or his designee shall make the final determination. The committed person shall be informed of the decision in writing. In the event that the Chief Administrative Officer or his designee determines that the person should be removed from protective

custody because his protective custody needs cannot be substantiated, a copy of the decision shall be personally served upon the committed person.

4. If the committed person intends to grieve the decision, he must indicate

his intent to do so in writing at the time he is served with the Chief Administrative Officer's decision. a. The Chief Administrative Officer or his designee shall notify the Administrative Review Board who will review the grievance and provide recommendations to the Director within 15 working days of its receipt. The Director or his designee shall make the final determination. b. While the grievance is pending, the committed person shall remain in the protective custody area." Administrative Regulation 808

Thus we see that even if it is determined that the inmate does not need protective custody, if the individual wishes to grieve the decision he shall be kept in protective custody pending the hearing of his grievance. In this case the authorities merely put Claimant on gallery four, and said it would have to be investigated whether Claimant merited protective custody.

"Q. What if anything did he say to you about protective custody?

A. He said it would have to be investigated for them to determine whether I rated protective custody or not, to prove my allegations.'' (Tr. 95.)

The authorities' actions were contrary to Administrative Regulation 808. If Claimant had been put into protective custody on December 7, 1982, he would not have been stabbed on December 16,1982.

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When he again asked for protective custody on December 15, 1982, after the abortive attempt to stab him, the transfer was delayed until the following day, again making it possible for him to be stabbed on December 16,1982.

B. The search of inmate Brackett following the abortive stabbing attempt was incomplete. As previously set forth, inmate Brackett claimed to have had the knife on his person at the time he was searched following the December 15, 1982, incident. The knife is described as follows:

"Metal length approximately 9 inches long, handle wrapped in black elecbical tape, approximate width of blade 1/2 inch long, end of blade pointed."

This knife was not found. We think that a more thorough search would have found it. The Respondent suggested that perhaps the knife was not there and that Brackett may have been lying. We will never know. What we do know is that the lower abdomen and groin area where Brackett claimed to have secreted the knife was not searched.

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C. The administration's handling of inmate Brackett following the initial assault was lax. Brackett was permitted to remain at large in the institution after it was known he had attempted to stab the Claimant. Thus Brackett, who somehow knew when the Claimant was going to be moved out of the cellhouse, was able to lie in wait for him.

The following is an incident report filed by Officer Berry:

"I officer Berry #514 came down from 5 gallery. In the process of the cage I c / o Berry #514 noticed Resident Brackett A86188 sitting in the window on Front Flag of 4 gal. I c/o Berry told Resident Brackett A86188 to lock it up. Hesident Brackett A86188 told me c/o Berry I will in a minute. I am waiting to talk to someone on 4 gal." (Ex. 7. Emphasis supplied.)

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Furthermore none of the officers involved in moving Claimant on December 16, 1982, nor Officer Berry, had been alerted to the fact that Claimant was being moved because he was in danger from resident Brackett. The administration failed to comply with the provisions of the Department directive for institutional internal investigations. This matter is covered in the direct examination of Warden McGinnis:

"Q. I am going to hand you what has been marked as Exhibit 18. Could you briefly describe that for us?

A. That's a directive dated November 1, 1982, relative to the Institutional

Internal Investigations; and it's signed by me.

Q. I assume that was in effect in December of 1982?

A. Yes, it was.

Q. This does relate to an investigation to be conducted when one inmate accuses another of an assault, doe9 it not?

A. Yes.

Q. In Paragraph D-la, it reads, "All possible precautions should be taken to protect the safety of all those involved in the investigation;" is that correct? A. Yes.

Q. The paramount concern or one of the paramount concerns during the

A.

Q.

A. Q. A.

Q.

investigation is to protect the inmate who alleges that he has been assaulted? That's correct. It would be possible, would it not, when somebody in Mr. Petrusak's position is being moved out of the general population cell to have somebody observe the accused inmate, in this case Brackett, have somebody just go and keep an eye on him? That's certainly possible, yes. It would be possible even to have a guard assigned to go shake Brackett down again, would it not? That's possible, yes. You do have discretion to shake somebody down whenever you feel the need?

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A. That's correct.

Q. It would be possible to simply instruct Brackett to go to his cell and to lock his cell while Petrusak is being moved out of the cell house; is that

correct?

A. That's possible, too." (Tr. 30-31.)

While we recognize that fears and threats of assaults in the prisons may be common occurrences, we feel that the Respondent's actions in the handling of this incident were unreasonable. We want to make it clear though that it is not our intention to interfere with the Respondent's discretion. We are not saying unless you do this or do not do that we are going to find negligence. We are saying that, taken as a whole, the Respondent's conduct in this matter was unreasonable and the stabbing would have been preventable in the exercise of reasonable care.

1 . Was the negligence of the State the proximate 1 cause of the Claimant's injuries?

It is clear that inmate Brackett's intentional acts were the immediate cause of the Claimant's injuries. However, this third-party criminal act was reasonably foreseeable and in the context of this case the negligence of the Respondent was the proximate cause of the injuries.

111. Was Claimant guilty to any degree of contributory negligence?

No. Claimant notified the administration of his danger in ample time. When he was attacked he was in handcuffs.

IV. Citations.

Before going on to a discussion of Claimant's damages it should be mentioned that the Court of Claims cases cited by Respondent in its brief are all distinguishable from the case at hand.

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Dorsey v . State (1977),32 Ill. Ct. (3.449. In this case the assault on Claimant was without warning and committed by a man Claimant barely knew. There was nothing in the record of the assailant that would have put the State on notice that such an attack would occur. Neither Claimant nor the State had any advance information whereby the assault on Claimant could have been anticipated. Therefore, in Dorsey the State was not guilty of negligence. Allen v . State (1979), 33 Ill. Ct. C1. 11. Here again the State had no actual or constructive knowledge that the assailant would assault the Claimant. American States Znsurance v . State (1959), 23 Ill. Ci. C1. 47. This case has no relevancy. It is a claim for property damage to automobiles committed by juveniles who escaped from a reformatory. The Court found that there was no negligence on the part of the State in the boys' escape from camp. Since this case was tried and briefed, other decisions in cases involving attacks on inmates by other inmates have been reported. Skai v. State (1982), 35 Ill. Ct. C1. 857. In this case the inmate who was assaulted was in protective custody and there was some knowledge on the part of the Respondent that the Claimant would need protection, which was one reason why the Claimant was in protective custody. However, minimum effort on the part of the Claimant would have placed,him beyond the reach of his assailant. Under the facts in the case the Respondent had exercised reasonable care. Carev v. State (1981), 35 Ill. Ct. C1. 96. This case involved a breach of a prison regulation which led to an attack causing serious injuries. It differs from the case at bar in that the purpose of the regulation was not to

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protect residents but to control their movement. Moreover, the important element of foreseeability was not established in that there was no reason for the officers to anticipate third persons would commit a criminal act against the Claimant as a result of the breach of the regulation.

Woodfork v . State (1983), 36 Ill. Ct. C1. 182.

Foreseeability in this case was not established due to the Claimant's failure to adequately inform the authorities of the nature of the problems he was having.

V. Damages.

The penetration of the knife into Claimant's back resulted in extensive loss of blood and the forming of a large internal hematoma. However, no damage was done to Claimant's organs such as his kidneys or spleen, nor was any artery severed. He suffered severe pain while he was hospitalized. The pain and cramps persisted so that he was unable to work for six months after his discharge from the penitentiary. He testified that he still has some stomach pains. He first went to work in July of 1983, but had to quit because, as a result of the stabbing, he could not lift drywall which was part of the job. At the time of the hearing he was employed doing general maintenance at a home for retarded children in Wauconda, Illinois, and experiencing some difficulty with lifting. There is no proof that his ability to earn his living has been limited or reduced, except for his inability to do heavy lifting. There were no medical expenses. It is hereby ordered that the Claimant be, and hereby is, awarded the sum of $ZO,OOO.OOin full and final satisfaction of this cause of action.

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(No. 84-CC-0533-Clairnant awarded $15,000.00.)

DOROTHY QUINN,Special Administrator of the Estate of Michael Grider, deceased, Claimant, 0. THE STATE OF ILLINOIS, Respondent.

Opinion filed May 6,1987.

STEINBERG, BURTKER & GROSSMAN, LTD., for Claimant.

NEIL F. HARTIGAN, Attorney General (RALANDA WEBB, Assistant Attorney General, of counsel), for Respondent.

H O S P I T A L S A N D INSTITUTlONS-TeSident of developmental facility drowned-stipulation-award granted-nonprecedential. An award was granted to the administrator of the estate of a resident of a State developmental center who drowned when he was transferred to a private care facility near Lake Michigan and allowed to go near the lake without supervision, but the award was specifically declared not to be precedent in future claims which may be filed.

SOMMER, J.

This matter coming to be heard upon the joint stipulation of the parties for the entry of judgment: That the Claimant's decedent was a resident of the Dixon Developmental Center, an Illinois Department of Mental Health and Developmental Disabilities facility. Pursuant to a placement decision initiated by the Department, the decedent was transferred to a private care facility. That at all times subsequent to his transfer to private care, the Department retained and exercised monitoring, licensing and advisory powers with respect to the decedent's placement. That on or about September 13,1981, Michael Grider was absent from the premises of the private care facility located on the shores of Lake Michigan in Chicago, Illinois, without supervision and drowned in Lake Michigan. At the time of his death Michael Grider was 19 years old.

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The Court further finds that the Respondent denies responsibility for the death of Claimant's decedent and that the parties have determined that in their respective best interests, and without admission of fault, this cause shall be settled and compromised in the sum of fifteen thousand ($15,000.00) dollars and the Court under the circumstances finds that said sum is fair, reasonable and just. This opinion shall in no way act as precedent in future claims which may be filed. It is hereby ordered that Claimant, Dorothy Quinn, Special Administrator of the Estate of Michael Grider, deceased, be awarded the total sum of fifteen thousand ($15,000.00) dollars in full and final settlement of all claims which are the subject matter of her complaint.

(No. 84-CC-1164-Claimant awarded $967,539.00.)

DELPHI ASSOCIATES, INC., Claimant, 0.THE STATE OF ILLINOIS,

Respondent.

Opinion filed December 1,1986.

SAMUEL J. GALLO, Claimant. for NEIL F. HARTIGAN, Attorney General (MICHAEL TAYLOR, Assistant Attorney General, of counsel), for Respondent.

CoriTRAcTs-contract to design information system-State applied liquidated damages clause-stipulation-awardgranted. The Claimant filed

an action alleging that the State improperly withheld funds under the liquidated damages clause of a contract by which the Claimant was to design and implement an information system for the State, and pursuant to the stipulation of the parties, an award was entered for the Claimant in full and final settlement of the claims arising from the completion of the contract.

128

PATCHETT, J.

This cause comes on to be heard following the filing of a joint stipulation whereby the parties have agreed to a settlement of this matter and are seeking an award from the Court. The parties stipulated as follows:

1. In September of 1978, the parties, Delphi and the State of Illinois, entered into a contract which provided that Delphi would design and implement a Medicaid Management Information System, to be used by the State of Illinois. The contract was twice amended by the parties. The maximum contract price provided in the second amendment was $6,509,457.

2. The contract contained a liquidated damages

clause which permitted the State of Illinois to withhold up to 15% the contract price, in the event that Delphi of did not complete the Medicaid Management Inf ormation System in a timely fashion.

3. The contract, as amended, provided for completion of an operational Medicaid Management Information System by September 30,1980. 4. The contract, as amended, provided that the completion date would be extended upon the occurrence of certain events, thereby extending the date upon which the liquidated damages clause became effective. 5. The Medicaid Management Information System became operational in the Fall of 1981. The parties have disputed the question of whether the completion date in fact was extended as provided for in the contract, as amended.

6. The State of Illinois withheld from Delphi payment of the sum of $967,539 as liquidated damages.

7. Delphi thereafter filed suit against the State of

129

Illinois contending that the liquidated damages clause was being improperly applied; that the completion date in fact had been extended in accordance with the terms of the contract, as amended; that the contract, as amended, entitled Delphi to an adjustment in the contract price based on State caused delays; that the State owed Delphi additional sums for out of scope work and rental reimbursement; that the State's failure to renew the contract in accordance with the terms of the contract caused Delphi additional damages.

8. As a result of these claims Delphi asserted that in accordance with the terms of the contract, as amended,

the State owed Delphi (1)a sum in excess of $2,000,000 for adjustment of the contract price, as amended, resulting from State-caused delays; (2) the sum of $967,539 for liquidated damages being wrongfully withheld by the State; (3) damages in the amount of $225,000 for the State's failure to renew the contract as required by the contract's terms; (4) rental expense reimbursement in the amount of $90,000; and ( 5 ) payment for out of scope work in the amount of $59,184.

9. The parties have now completed extensive discovery, including depositions and document production, and legal research on the issues of the case. As a result of these efforts the parties have entered into settlement negotiations for the purpose of fairly resolving the issues and avoiding a complex, extended trial.

10. As a result of these negotiations the parties have agreed to settle the entire matter for the sum of $967,539, which represents the amount of the contract price, as amended, which was withheld for liquidated damages. Payment of this sum by the State to Delphi would keep the total payments received by Delphi for the project

130

below the total contract prices as agreed to by the parties and approved by the legislature.

11. Delphi, in consideration for payment of the settlement amount agreed to by the parties, will release all the other claims against the State. 12. The funds withheld from Claimant Delphi have lapsed and must therefore be paid by an award from this Court. The Medicaid Management Information. System project took place over several years and Delphi Associates, Inc. was to receive progress payments for its work in fiscal years 1979, 1980 and 1981. The payments to Delphi Associates, Inc. were from Appropriation Number 001-47835-1200-0000. The amount of the lapse in each fiscal year is reflected in'exhibit one.

The amount of lapse in each year was sufficient to cover the portion of progress payment withheld in each fiscal year.

13. The State of Illinois agrees to stipulate to an award in favor of Delphi Associates, Inc. in the amount of $967,539 in full settlement and satisfaction of Delphi's claims against the State of Illinois in this matter.

14. Delphi Associates, Inc., agrees to accept the amount of $967,539 in full settlement of its claims against the State of Illinois in this matter and, further, agrees to release the State of Illinois from any further liability which might be asserted as a result of the Medicaid Management Information System.

Wherefore, the parties jointly pray that this Court enter an award on behalf of Delphi Associates, Inc., in the amount of nine hundred and sixty seven thousand and five hundred and thirty nine dollars ($967,539). This Court is not bound by such stipulations but it

131

does not seek to interpose controversy where none exists. We have reviewed the stipulation and the record in this matter. We approve the settlement and will enter the award. It is hereby ordered that the Claimant herein, Delphi Associates, Inc., be and hereby is awarded the sum of $967,539.00 (nine hundred sixty-seven thousand, five hundred thirty nine dollars) in full and final satisfaction of this claim.

(No. 84-CC-1417-Claim dismissed.)

R ICHARD

J ATERKA ,

Claimant, 2). THE STATE Respondent.

OF

ILLINOIS,

Order on motion to dismiss filed April 3,1984. Order on stipulation filed November 21,1986.

HELLER & MORRIS & ASSOCIATES, LTD., for Claimant.

N E IL F. HARTIGAN, Attorney General (E RIN O'CONNELL, Assistant Attorney General, of counsel), for Respondent.

P R A C ~ I C EA N D PRocEDuRE--factors considered in computing notice periods. The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this State, and then it shall also be excluded, and if the day succeeding such Saturday, Sunday or holiday is also a holiday or a Saturday or Sunday, then such succeeding day shall also be excluded. SAME-motion to dismiss denied-notice of claim timely filed. The Court of Claims denied the State's motion to dismiss a claim arising from an automobile accident on the ground the notice of claim was filed one day late, since the record supported the Claimant'scontention that the notice was timely filed because the last day of the six-month filing period was a Sunday, and the notice was filed on the following Monday. STIPULATIONS-aUtOmObdf? accident-dismissed with prejudice. Based on the stipulation of the new parties, a claim arising from an automobile accident was dismissed with prejudice.

132 ORDER ON MOTION TO DISMISS

HOLDERMAN, J.

This matter comes before the Court upon motion of Respondent to dismiss and Claimant's response to said motion. Respondent bases its motion to dismiss on the ground that the accident on which this claim is based occurred on November 1, 1982, and that the notice of claim was filed on May 2,1983, one day late, in violation of section 22- of the Court of Claims Act (Ill. Rev. 1 Stat. 1981, ch. 37, par. 439.22-l), which requires notice of claim be filed within six months.

Claimant's response sets forth that May 1, 1983, was a Sunday and cites section 1.11 of "An act to revise the

law in relation to the construction of the statutes" (Ill. Rev. Stat. 1981, ch. 1,par. 1012), which states:

"The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this State, and then it shall also be excluded. If the day succeeding such Saturday, Sunday or holiday is also a holiday or a Saturday or Sunday then such succeeding day shall also be excluded."

Claimant also cited among his cases, in support of his position, In re Application of County Treasurer (1975), 26 Ill. App. 3d 753, which states that Sundays and holidays will be excluded in the statutory computation of notice period within which taxpayers might file complaints. It is hereby ordered that Respondent's motion to dismiss be, and the same is, denied, and this cause is ordered set for hearing before a Commissioner.

133

ORDER ON STIPULATION

HOLDERMAN, J.

This cause coming to be heard on this date upon the stipulation for dismissal with prejudice filed herein by the above-named parties, and the Court having examined said stipulation and being fully advised in the premises, finds that the parties have stipulated and agreed to dismissal of the complaint with prejudice, and that the Court further finds that all costs have been paid. It is therefore ordered that the claim of the Claimant against the Respondent be and the same is hereby dismissed with prejudice.

(No. &I-CC-1448-Claimant awarded $124,398.09.)

STANKO PACKING COMPANY, d/b/a Nebraska Beef Processors, Claimant, 0.THE STATE OF ILLINOIS DEPARTMENT OF CENTRAL MANAGEMENT SERVICES, PROCUREMENT SERVICES DIVISION, Respondent.

Order filed July 1,1986.

MILLER, SHAKMAN, NATHAN & HAMILTON (R. DICKEY HAMILTON, of counsel), for Claimant. NEIL F. HARTIGAN, Attorney General (MICHAEL TAYLOR, Assistant Attorney General, of counsel), for Respondent.

STiPuLATioNs-contract for purchase of beef products-stipulated settlement-lapsed appropriations-award granted. Based on the joint stipulation of the parties and in recognition of the lapse of appropriations to

pay the sums involved, an award was granted to Claimant who had

134

contracted to provide the State' with beef and beef products, but was frustrated by the State's interim refusal to make payment and accept shipments due to allegations of improper meat processing practices by a company owned by one of the owners of the Claimant, since the stipulation was a reasonable, full and final settlement of the claim.

MONTANA, C.J.

This cause comes on to be heard following the filing of a joint stipulation whereby the parties have agreed to the entry of an award herein in the amount of $12,4,398.09. The parties stipulated as follows:

1. Claimant is a producer and seller of beef and beef products. Claimant's total claim, excluding interest, is $177,044.33.The State and Claimant propose to settle that claim for $124,398.09.

2. In Fiscal Year 1984 the State of Illinois ordered from the Claimant various beef products, the total price of which was $140,485.65.These beef products were to be used by sixteen various State agencies and were to be paid for from eleven fiscal year 1984 line items.

3. Prior to September 20, 1983, Claimant had been selling meat products to the State and the State had been purchasing meat products from Claimant since 1976. Prior to September 20, 1983, all of the meat products tendered for sale by Claimant to the State were accepted and were found to be satisfactory to the State except for a portion of one 1979 shipment with respect to which it was found that Claimant had acted in good faith and that the problem, if any, was caused by the Meat Grading Branch of the United States Department of Agriculture.

4. Pursuant to contracts between Claimant and the State, beef and beef products with a value of $69,882.36 were delivered by Claimant to the State of Illinois, prior

135

to September 20, 1983. The State has not paid for the beef and beef products delivered.

5. Sometime prior to September 20, 1983, the State became aware of allegations regarding improper meat processing practices b y the Cattle King Packing Company, a company that the State understands is owned by the person or persons who own Claimant. On September 20, 1983, the State wrote to Claimant and advised Claimant that it refused to pay for the beef previously delivered by the Claimant and also refused to accept any further shipments of beef.

6. The beef delivered by Claimant and in the

possession of the State of Illinois has not been tested for contamination and, because the passage of time has rendered any tests inaccurate, it is now too late to scientifically determine whether the beef received by the State was contaminated. Claimant contends that the beef products it delivered to the State were in accordance with the requirements of the United States Department of Agriculture and in accordance with the State and contract specifications; it has so sworn in its complaint and is prepared to so testify at trial. The State has no evidence that the beef products delivered to the State by the Claimant were anything other than in accordance with the requirements of the United States Department of Agriculture and in accordance with the State and contract specifications.

7. Of the beef held in storage by the State of Illinois 640 pounds of hamburger patties, 1,820 pounds of beef clods and 1,000 pounds of diced beef have been destroyed due to spoilage. Said spoilage occurred when the freezer in which the beef was stored malfunctioned.

136

8. Beef and beef products which Claimant prepared for shipment to the State pursuant to contracts between them and which the State refused to accept has a value of $61,179.37. Claimant contends that because the meat has been prepared to satisfy State specifications, there is no market for the meat and it has not therefore been able to reduce the loss resulting from the State's refusal to accept delivery. The State has no evidence to refute that contention.

9. Claimant contends that the beef products it prepared pursuant to the contract with the State and which the State refused to accept were in accordance with the requirements of the United States Department of Agriculture and in accordance with the State and contract specifications; it has so sworn in its Complaint and is prepared to so testify at trial. The State has no evidence that the beef products it refused to accept from Claimant were anything other than in accordance with the requirements of the United States Department of Agriculture and in accordance with State and contract specifications. 10. Claimant contends that reasonable storage charges for this meat comes to $4,381.75 for the period through December 14, 1983, and $51.55 per day thereafter, and the State has no evidence to refute that contention. The total storage charges so computed through February 28,1986, come to $45,982.60) 11. The Claimant's total claim, excluding interest, is as follows:

Claimant also contends that in commercial transactions of the kind involved here it is entitled to interest on the money that has been withheld from it, and Claimant claims interest on both $69,882.36 (the value of the beef and beef products delivered) and on $61,179.37 (the value of the beef and beef products the State refused to accept). Interest on these amounts from October 1, 1983, per throu h Februar 28, 1986, at a rate of 5% annum, is $15,836.61. (Footnote inclufed in stipdtion)

137

Value of beef and beef products delivered to State ................... $69,882.36 Value of beef and beef products the State refused to accept. .............. $61,179.37 Storage ............................ $45,982.60 Total. ....... $177,044.33

12. The parties have agreed that $124,398.09is a fair and just settlement in this case. 13. A settlement in this amount was previously presented to this Court. The Court declined to acquiesce in the settlement, citing sparseness of the record. Each of the above facts are true and many of them are now in the record pursuant to three sets of interrogatories and requests to admit facts that Claimant has served on the State. Also, because of additional storage since the settlement was first presented, Claimant's claim is now $25,053.31 greater.2 14. Since the previous settlement was offered, the funds out of which these products would have been purchased have lapsed. Inasmuch as the Claimant has been able and willing to perform its obligations under the contract and the Respondent is unable to certify that the product delivered and offered was unacceptable, the Court should approve this settlement. 15. The departmental report of Central Management Services is attached hereto and incorporated herein.

Wherefore, the Claimant and Respondent jointly pray that this Court enter an award in favor of the Claimant in the amount of $124,398.09.

Because of the passage of time, Claimant's interest claim is also $6,553.51 greater. (Footnote included in stipulation)

138

We have reviewed the stipulation and the record and now find sufficient support for approving the agreed award. We note however, a discrepancy in the stipulation and the evidence. Paragraph 14 of the stipulation indicates that since the previous settlement was presented to the Court the funds appropriated with which payment for the products would have been made have lapsed. The previous joint stipulation was filed on October 5, 1984, during fiscal year 1985. The internal memorandum dated December 9, 1985, attached to the stipulation now before us and offered as a departmental report also indicates that fiscal year 1985 funds were obligated for these purchases and had lapsed. If that was in fact the situation, then the State could have settled this

matter without this Court's participation. The agency

which entered into the purchase contracts could have made the payment any time up to September 30,1985. Elsewhere in the record all other documentation, including paragraph 4 of the stipulation before us, the previous settlement stipulation, and the invoices attached to the complaint, indicates that this was a fiscal year 1984 obligation, funds for which would have lapsed on September 30,1984, more than nine months after the complaint was filed. Correct and complete fiscal data is essential to a decision in this type of case. Approximately one month after the filing -of the stipulation before us, the Respondent filed a substitute internal memorandum. It was identical in substance to the aforementioned memorandum except "FY84" had been substituted for "FY85" as the year of the appropriation. This is the only place in the record where the important issue of lapsing of sufficient funds is addressed. While the report offered

in connection with the previous stipulation provided appropriation line items, it did not provide lapsed balances. This 'settlement is hereby approved and the Claimant is hereby awarded the sum of $124,398.09 in full and final satisfaction of this claim.

( N o . 84-CC-1825-Claim denied.)

KELLY THORNBURG, Claimant,

BOARD

OF

REGENTS

FOR

2). THE STATE OF ILLINOIS and NORTHERN ILLINOIS UNIVERSITY,

,

Respondents.

Opinion filed December 22,1986.

1

.

HEYL, ROYSTER, VOELKER & ALLEN (DANIEL R. SIMMONS, of counsel), for Claimant. NEIL F. HARTIGAN, Attorney General (CLAIRE E. B. GIBSON, Assistant Attorney General, of counsel), for Respondents.

NEGLIGENcE-duty of landowner to invitee. A landowner has an obligation to use reasonable care and caution to keep his premises reasonably safe for the use of a business invitee, however, he is not an insurer of the safety of his invitees, and such persons assume normal, obvious or ordinary risks attendant to the use of the premises. SAME-slip-and-fall-State fulfilled its duty-claim denied. The Court of Claims denied the claim of a State university student-employee who slipped and fell on the stairway in the entrance of a university building, notwithstanding the fact that the stairway was wet due to a heavy snow on the exterior, since the evidence established that the university officials had taken reasonable precautions to protect persons using the stairway, and allowing an award under the circumstances would be contrary to the law and would result in requiring the State to be an insurer of the safety of those using the stairs.

140

HOLDERMAN, J. This claim involves a slip and fall case arising out of an incident which occurred in the Holmes Student Center at Northern Illinois University, DeKalb, Illinois, on January 22, 1983, when a student employed by the University fell and injured herself on a stairway in the entrance of the building which was wet because of heavy snow conditions on the exterior of the building premises. The Commissioner's report, together with the parties' briefs, set out the facts in detail. There was a substantial dispute as to whether the condition of the stairway and entryway was as testified by Claimant, Kelly Thornburg, and her witnesses, or was in the condition testified to by the University employees. Claimant alleged the entryway was overlaid by a carpeting which was saturated with water and that the water trailed off down a terrazzo floor and stairway area. The University employees testified there was not a wet condition as described by Claimant. The Commissioner found the condition of the entrance and stairs to be as testified by Claimant. The parties agreed as to the exterior weather conditions based on University weather data. The University maintenance department testified as to the procedure in cleaning and drying areas subject to inclement weather conditions. There was detailed testimony as to the scheduling and the methods involved. The legal questions involved in this matter are undisputed, that is, what duty does a landowner have to a business invitee to care for his safety in the factual situation presented. A review of the authorities cited by both sides indicates that a landowner has an obligation

141 to use reasonable care and caution to keep his premises reasonably safe for the use by a business invitee. However, he is not an insurer of the safety of his invitees and such persons assume normal, obvious or ordinary risks attendant to the use of premises. Claimant cites two cases, Hamby v. State, 31 Ill. Ct. C1. 487 and Pavlik v. State, 31 Ill. Ct. C1. 469, in which both Claimants recovered on a slip and fall fact situation. Respondent, on the other hand, cites three cases noted in the Commissioner's report, Duble v. State, 26 Ill. Ct. C1.87, Fleischer v. State (1983),35 Ill. Ct. C1. 799, and Ponds v. State, 33 Ill. Ct. C1. 79, in which recovery was denied. In all of the foregoing cases, the Court's decision was based on various interpretations as to (a) whether the Respondent recognized its obligation to business invitees, or (b) whether Respondent had exercised a reasonable degree of care in remedying a condition for the safety of its invitees. In both Hamby and Pavlik, the Court found that Respondent had not exercised a reasonable degree of care as required. In Pavlik, the factual dispute revolved around a highly polished terrazzo floor which became even more slippery when wet. There was no indication there was any evidence that the State had taken any steps to acknowledge or remedy this slippery condition. In Hamby, on the other hand, the Court commented that the State completely failed to explain why it had not remedied the condition in question, commenting:

"The State fails to explain why it made no effort to refute claimant's testimony by calling an employee of the Secretary of State's office who could testify as to the facts of the occurrence. The testimony is unrefuted that the rain was heavy, although intermittent, on the day of the incident. It appears that the State had sufficient notice of the raining condition and should have made some effort to keep the floor of the facility dry. In failing to do so, we think the State failed to use that degree of care reasonable under the circumstances, and that the State's negligence was a proximate cause of the claimant's injury." Humby u. State, 33 Ill. Ct. (21.489.

142

In the three cases noted by the Commissioner in his report, it is clear that Respondent recognized its obligation with regard to conditions and the danger for business invitees and had taken steps to remedy them. Similarly, in the case before the Court, it is clear that the University recognized its obligation to its invitees with regard to the wet condition of the entrance foyer and stairs. The precise issue in this case then becomes, whether the steps taken by the University were reasonable and at what point a requirement of further action by the University becomes overburdensome and makes it an insurer of the safety of its business invitees. Considering the Commissioner's factual findings, the sheer size and extent of the University property, and the testimony of the maintenance personnel, it seems unreasonable to require further action by the University to remedy the condition of the entrance. The maintenance program recited by the University's witnesses clearly indicates that it recognized its obligations and took reasonable steps to fulfill them. Short of stationing a maintenance person at every door of every building, it is difficult to see how a loss such as the one claimed in this case could be prevented. Such an extreme requirement would make the University an insurer of Claimant's safety. It is the opinion of this Court that the University did everything that was reasonably necessary to safeguard the public in the use of its premises, and that to make a contrary finding would change the law of the State of Illinois relative to the duties of Claimant and its responsibility. Claim is denied.

143

(No. 84-CC-1895-Claimant awarded $54,848.93.)

JOHN DUFFY, Claimant, u. THE STATE OF ILLINOIS, Respondent.

Opinion filed August 6,1986.

DANIEL LAMPITT, for Claimant.

NEIL F. HARTIGAN, Attorney General (WILLIAM E.

WEBBER, Assistant Attorney General, of counsel), for Respondent.

STATE EMPLOYEES' BACK SALARY CLAIMS-discrimination claimstipulation-lapsed appropriation-award granted. Based on the State's stipulation that the only issues before the Court of Claims in the matter of Claimant's action for back pay arising from unlawful discrimination were the amount owed to the Claimant and whether he sufficiently mitigated his damages, the Court of Claims found that Claimant had made reasonable efforts to mitigate his damages, sufficient funds were available for transfer to cover the claim, and that an award with the appropriate additions and deductions was justified.

RAUCCI, J. On January 30, 1984, Claimant, John Duffy, filed this claim for $48,756.00 for back pay which had been refused by the Illinois Bureau of Employment Security on the grounds that the funds appropriated for the payment had lapsed. A hearing was held before the assigned Commissioner on February 20, 1985. The State called no witnesses and filed no brief after advising the Court on July 22, 1985, that no brief would be filed.

At the hearing, the State stipulated that the only issues before the Court were the amount owed to the Claimant and did Claimant sufficiently mitigate his damages. The departmental report indicated the claim was a result of unlawful discrimination determined pursuant to the Human Relations Commission or Department of Human Rights. The report also indicated that during the period covered by the claim, Claimant would have earned $48,756.00 and that sufficient funds

144

were available for transfer under the 2%transferability provision to cover this and all related claims. The issues before the Court then are what exact amount is due the Claimant and did Claimant sufficiently mitigate his damages during the period in which he was not employed by Respondent. The period involved is from April 1, 1980, until June 30, 1983. Rita Bartholomew testified for the Claimant that she was Placement Director for the University of Illinois, Graduate School of Library and Information Service. The Claimant had used the placement services over 30 times in sending out his credentials. However, most of the use was prior to April 1, 1980, and after June 30, 1983. The Claimant did make at least as much or more effort to seek employment through her services than others would. Judy Cadle testified for Claimant that she was president of a typing service. Commencing in March of 1980 through November of 1983, her service typed about 200 employment seeking letters for Claimant. The Claimant testified that he had received all back pay due from July 1, 1983, until he actually started working on November 16,1983. He had also received all credit for all vacation and personal leave days from April 1, 1980, until November 16, 1983. He is a college graduate. After being turned down for a job with the State, he filed his complaint with the Human Rights Commission. He received a favorable decision in March of 1983. During the time he was awaiting a decision, he was looking for a job. His job search consisted mainly of looking for positions in the field of library science. He went to the placement office once a week, sent letters and used other sources to look for a job. He used the

145

facilities of the University of Georgia, the University of Florida and professional journals to seek employment. He also applied for positions with the State of Illinois. He received a few interviews but no job. Claimant had had other jobs in the past. He had worked for the State and for a private employment service. Claimant is disabled, has cerebral palsy and is confined to a wheelchair. During the period in question, Claimant did take independent study, zero credit courses and some social work courses. He was actively seeking employment from April 1,1980, through June 30 of 1983. In cross-examination, Claimant testified he worked for about a year on a research paper, however, he mainly worked on this in the evening. Claimant has poor control of his hands so he cannot do assembly type work. He received no unemployment compensation and had no employment or self -employment income during the relevant period. We find that the Claimant made sufficient efforts to mitigate under the circumstances and hereby grant him an award of $48,756.00 plus appropriate employer contributions and less appropriate employee deductions as more fully set forth in Appendix A attached hereto and incorporated herein. APPENDIX A Identification of the State Contributions and Deductions from Back Salary Award.

To the State Employees' Retirement System:

Employee's contribution to State Employees' Retirement System Employee's contribution to FICA

1,950.24 3,206.93

146

State's contribution to State Employees' Retirement System State's contribution to FICA To Illinois State Treasurer to be remitted to Internal Revenue Service: Claimant's Federal income tax To Illinois Department: Claimant's Illinois income tax To the Claimant: Net salary Total Award $54,848.93

2,886.00 3,206.93

9,751.20 1,218.90 32,628.73

(No. 84-CC-192.8-Claim dismissed.)

KEITH GAVIN, Claimant, v . THE STATE OF ILLINOIS,

Respondent.

Opinion filed August 4,1986.

KEITH GAVIN, pro se, for Claimant.

Attorney General (MICHAEL NEIL F. HARTIGAN, TAYLOR, Assistant Attorney General, of counsel), for Respondent.

PRISONERS D INMATEs-slip-and-fall-inmate's awn lack of care was AN proximate cause-claim dismissed. The Court of Claims dismissed the claim filed by an inmate of a correctional center for the injuries he sustained when he slipped and fell while he was cleaning up in an area where there was some water on the floor, since the evidence established that the inmate's own lack of care for his safety was the proximate cause of his injuries.

RAUCCI, J. This claim arises from personal injuries suffered by Claimant while he was an inmate at Menard Correctional Center.

147

The Claimant, Keith Gavin, was an inmate at the Menard Correctional Center on August 15,1983. He was assigned to the M & M Shop at the facility. He was working as a porter, cleaning up, mopping and sweeping. As he was sweeping up around a stack of 2 x 4's, there was some water on the floor and the Claimant slipped and fell and cut his left arm midway between the left elbow and the left wrist. Claimant had seen the water on the floor but thought he could sweep around it and apparently stepped in the water and slipped. He was aware of the presence of the water on the floor. Claimant did not testify that he was unfamiliar with the area where he was working. The record clearly indicates that Claimant, in failing to take care in his movements around water that he knew was on the floor, was not acting with due care for his own safety, and his lack of care was the proximate cause of accident. The Court has held that, where an inmate's lack of care appears to be the proximate cause of the accident, there can be no recovery. In Robinson v . State (1984),36 Ill. Ct. C1. 298, Claimant was injured while cleaning a garage on institutional premises at Joliet Correctional Center. In moving a cabinet, a piece of equipment fell off the cabinet and hit Claimant on the head thereby causing a painful injury. In that case, the Court observed that the Claimant was familiar with the area and failed to verify the location of the equipment before moving the cabinet and in so doing was not acting with due care for his own safety. The claim was denied. Similarly, in the case at bar, Claimant acknowledged his being aware of the water on the floor in the area where he was cleaning up but failed to take any

148

precautions to avoid standing or walking in the water so that he was caused to slip and fall. It is therefore ordered that this claim is dismissed with prejudice.

(No. 84-CC-2100-Claimant awarded $90,000.00.)

ILLINOIS CONSTRUCTORS CORP., Claimant, ILLINOIS, Respondent.

Opinion filed April 21, 1987.

0. THE

STATE

OF

O'BRIEN,O'ROURKE, OGAN & MCNULTY, H for Claimant.

N E IL F. H A RTI G A N , Attorney General (E RI N ~'CONNELL, Assistant Attorney General, of counsel), for Respondent.

CoNTriAcrs-construction contract-delay damage claim-stipulationaward granted. Pursuant to the joint stipulation of the parties, the Court of Claims granted a compromise award to a contractor who suffered financial damages due to delays which prevented the Claimant from proceeding with its work on a timely basis, since, although the Court is not bound by any stipulation, a controversy will not be interposed where none exists, and where a stipulation appears to be the result of careful consideration of the facts and the law, it will be honored.

RAUCCI, J. This cause coming before the Court on a stipulation for entry of judgment submitted by the parties. This is a breach of contract claim arising out of the construction of the South Waukegan Harbor Project ("the Project") CDB Project No. 722-010-001. Claimant was the Phase I1 contractor. Because the phases were sequential, Claimant could not commence its Phase I1 work until Phase I was completed.

149

On October 7, 1982, Claimant received authorization from CDB to proceed with Phase I1 contract work at the project. Claimant could not commence its work until December 6, 1982. The delay occasioned by the tardy completion of Phase I resulted in increased costs to Claimant. Claimant has alleged that it suffered in the amount of $119,000.00 associated with its increased cost of performing its work under the contract. After extensive review of Claimant's supporting records by representatives of CDB and following lengthy negotiations between the parties, CDB has stipulated and agreed that Claimant was prevented from proceeding with its work on a timely basis and for purposes of this claim only, admits liability under the complaint. Because of the time and expense of trial and the vagaries of proof associated with this type of claim, the parties have stipulated and agreed that judgment should be entered in Claimant's favor in the amount of $90,000.00. Although this Court is not bound by any stipulation, it is not the practice of this Court to interpose controversy between the parties where none seems to exist. The instant stipulation appears to have been entered into after careful consideration of facts and applicable law by authorized representatives of the parties regarding delay damage claims under State construction contracts. The amount agreed upon seems to have resulted from the give and take associated with arms-length bargaining. This being the case, this Court sees no reason not to honor the stipulation of the parties.

It is hereby ordered that Claimant, Illinois Constructors Corporation, be awarded the sum of $90,000

150 (ninety thousand and no/100 dollars) in full and complete satisfaction of all its claims herein.

(No. 84-CC-2607-Claim dismissed.)

ARSENIO L. CANLAS, M.D., Claimant, u. THE STATE OF ILLINOIS,

Respondent.

Opinion filed April 28,1987.

ARSENIO L. CANLAS, M.D., pro se, for Claimant. NEIL F. HARTICAN, Attorney General (SUZANNE SCHMITZ, Assistant Attorney General, of counsel), for Respondent.

PnAcrrcE AND PRocEounE-department reports-prima facie evidence. Under the rules of the Court of Claims, department reports are prima facie evidence as to the contents. CoNTnAcrs-claim for medical services provided public aid recipientcause of action not stated. No cause of action was stated by the Claimant's contention that his claim for medical services rendered to a public aid recipient was denied by reason of a lapsed appropriation, since the controlling statute clearly contradicted the contention by providing that such claims be paid and not be denied by reason of lapsed appropriation. SAME-ckirn for medical services to public aid recipient-claimant not enrolled uendor-claim dismissed. A claim for medical services rendered to a public aid recipient was dismissed, because the Claimant was not an enrolled participant in the State program providing for services to public aid recipients, and enrollment in the program as a "vendor" is an essential prerequisite to being entitled to receive payment for rendering such services. SAME-medical services to public aid recipient-recipient not eligible on dates of service-claim dkmksed. A claim for medical services rendered to a public aid recipient was dismissed, since the records of the Department of Public Aid showed that the recipient of the services was not eligible for such services on the date they were rendered, therefore the Department of Public Aid was not liable for payment of the claim.

151

SAME-medical services for public aid recipient-invoicing requirements not satisfied-claim dismissed. Claimant's failure to comply with the invoicing requirements applicable to rendering medical services to public aid recipients negated his right to payment of his claim for medical services, since timely completion of the prescribed invoice forms is a condition of being entitled to payment for rendering such medical services. SAME-Department of Public Aid may regulate "vendor payments." Regulations may be adopted by the Department of Public Aid requiring vendors who provide services to public aid recipients to file certain forms within certain times, and those regulations must be satisfied before a vendor will be entitled to receive payment for specified services rendered.

PATCHETT, J. This cause is before the Court on Respondent's motion to dismiss the captioned claim. Claimant having been given due notice, and the Court being fully advised in the premises, finds as follows: Claimant Canlas, a St. Louis, Missouri, physician, is here seeking a vendor payment, as provided in section 11-13 of the Illinois Public Aid Code (PAC) (Ill. Rev. Stat., ch. 23, par. 11-13), from funds appropriated to the Illinois Department of Public Aid (IDPA) for medical services provided to IDPA's "recipients," as defined in section 2-9 of the PAC. The subject of Dr. Canlas' claim is services provided to his patient, Lana McReynolds, during August 1980. His Court action was filed in March 1984. In its Department report, the contents of which are prima facie evidence under rule 14 of the rules of this Court, IDPA advises that there are certain requirements which all medical vendors must meet, in order to be eligible to receive a vendor payment (defined in section 2- of the PAC) for their services. These requirements 5 include the following:

(a) The vendor must have been enrolled as a participant in IDPA's Medical Assistance Program (MAP) at the time when the subject services were 1. rendered. (IDPA Rules 140.11 through 140.19, 89 1 1 Admin. Code §§140.11through 140.19)

152

(b) The vendor's patient must have been a "recipient", and eligible to receive such services at the Respondent State's expense as determined by IDPA in accordance with applicable statutory requirements, as of the dates on which the services were rendered. See prior decisions of this Court, cited below in this Opinion. (c) The services must have been "covered services", eligible for payment in accordance with the requirements of IDPA's MAP program. (See, e.g., IDPA Rules 140.3, 140.5, 140.6, 140.7 and 140.9; 89 Ill. Admin. Code ff140.3, 140.5, 140.6, 140.7 and 140.9) (d) In certain situations, IDPA staff`s "prior approval" must have been obtained, for particular services, before the services are provided to the patient by the vendor. (See, e.g., subsec. c of IDPA Rule 140.2; and IDPA Rules 140.40 thru 140.42,Id.) (e) The vendor must have invoiced his services to the department, on IDPA invoice-forms which have been properly prepared by the vendor and timely submitted to IDPA, in accordance with department Handbook instructions and regulatory requirements (IDPA Rule 140.20, Id.)

The department advises that each of these requirements is explained in its provider (vendor) Handbooks, which are furnished, upon enrollment, to each participating vendor. According to the Department's investigation, this claim is deficient in several respects, as compared with the above requirements. First, Respondent's initial challenge concerns the complaint's alleged failure to state a cause of action. The complaint alleges that Claimant's payment demand for patient McReynolds' services was refused solely due to lapse of appropriated funds. Its exhibits clearly indicate that the subject of this lawsuit is medical services, and that Claimant is " presenting a vendor payment" claim, as defined in Sections 2- and 11-13 of the PAC. Section 25 of "AN 5 ACT in relation to State finance (Ill. Rev. Stat., ch. 127, par. l S l ) , authorizes IDPA's payment of such claims "without regard to the fact that the medical services being compensated for by such payment may have been rendered in a prior fiscal year," i.e., payments from the

153

Department's medical payment fund are not denied by reason of lapsed appropriation. The complaint here is thus contradicted by section 25. As a result, Claimant's allegations misstate Illinois statutory law and, for that reason, fail to state a cause of action. See this Court's decisions in Midstate Anesthesiologists v . State, No. 82CC-942, filed March 1, 1982; Barnes Hospital v . State, No. 82-CC-708 et seq., filed March 1, 1982; and Rock Zsland Franciscan Hospital v . State, No. 82-CC-899, filed May 5, 1982; Henrotin Hospital v. State, No. 84-CC3315, filed August 29, 1984 (representing 67 Henrotin Hospital claims dismissed on that date); St. Anne's Hospital v . State, No. 84-CC-3063, filed August 29, 1984 (representing 118 St. Anne's Hospital claims dismissed on that date); Franciscan Medical Center v . State, No. 84-CC-2655, filed August 29, 1984 (representing 4 Franciscan claims dismissed on that date); and St. Elizabeth Hospital v. State, No. 86-CC-1802, filed June 20, 1986. Second, IDPA reports it finds no record that Dr. Canlas was an enrolled participant in its Medical Assistance Program (MAP),in 1980. In this regard, IDPA advises that many physicians, hospitals and other vendors, located in neighboring states, are enrolled participants; however, Claimant was not among them. To be authorized to receive payment for services to IDPA recipients, a person must first apply to IDPA for enrollment in the Department's MAP program. Until he or she is enrolled, the person cannot be a "vendor", and thus is not entitled to such payment. See subsection d of IDPA Rule 140.13. Third, Claimant has supplied no evidence that IDPA had determined his patient, Mrs. McReynolds, to be an eligible MAP recipient, with respect to the dates

154

on which the subject services were rendered. As the Department's records indicate that she was not MAPeligible on these dates of service, Respondent has no liability for payment of this claim for such services. See this Court's decisions in Illini Hospital v . State (1977),32 111. Ct. C1. 115; Rock Island Franciscan Hospital v . State, No. 79-CC-91, filed November 23,1981; and Columbus, Cuneo, Cabrini Medical Center v. State, Nos. 84-CC-401 and 84-CC-734, filed March 7,1985. Fourth, Claimant offers no exhibit suggesting that he had ever invoiced his services to IDPA, on the forms prescribed by IDPA regulation (89 Ill. Admin. Code, §140.20), or within the time prescribed by that regulation. Appropriate invoice-forms for billing such services, and IDPA medical vendor Handbook provisions explaining the MAPS requirements and providing invoice preparation instructions, would have been available to Dr. Canlas, if he had been a MAP enrolled vendor. Completion of the prescribed invoice forms, and their submission to IDPA prior to the prescribed deadline, are conditions which the enrolled vendor must meet in order to comply with the regulation, and thus to be eligible for vendor payment consideration. Weissman 2). State (1978), 32 Ill. Ct. C1. 150; Rush Anesthesiology Group 0. State (1983), No. 82-CC-1580; and see this Court's March 1, 1982, order in Barnes Hospital v. State, No. 82-CC-708 et se9.

A vendor's entitlement to a "vendor payment," enforceable under section 11-13 of the Illinois Public Aid Code and under sections 439.8 and 439.22 of the Court of Claims Act, may be "limited by regulations of the Illinois Department" (Ill. Rev. Stat., ch. 23, par. 1113). Each of the regulatory requirements discussed above imposes a condition which the vendor must meet, if he is to receive a vendor payment for specified

155

services to a named patient. In this instance, Claimant has failed to demonstrate that he has met such conditions. It is therefore hereby ordered that the subject claim be, and it is hereby dismissed.

(No. 84-CC-2736-Claimant awarded $8.85.)

OK ELECTRIC Co., Claimant, v . THE STATE

Respondent.

OF

ILLINOIS,

Order on motion for summary judgment filed September 7,1984. Order on motion for summary judgment filed October 18,1985. Stipulation filed M a y 14,1986. Order on stipulation filed July 1,1986.

OK ELECTRICOMPANY, pro se, for Claimant. C

NEIL F. HARTIGAN, Attorney General (SUZANNE SCHMITZ, Assistant Attorney General, of counsel), for Respondent.

L APSED APPROPRIATIONS-intereSt not recoverable. A claim for interest on a claim which was allegedly not paid because of a lapsed appropriation was not allowed, since the statute governing such claims was not intended to allow a Claimant to reap a windfall by delaying the filing of their claim beyond 60 days after submitting a bill in order to accrue interest on the claim, and therefore the Claimant, based on a subsequent stipulation of the parties, was granted a nominal amount as a late payment penalty charge.

ORDER ON MOTION FOR SUMMARY JUDGMENT

ROE, C.J This cause comes on to be heard on the Respondent's motion for summary judgment, due notice having been given, and the Court being fully advised in the premises; The Claimant filed this claim as a lapsed appropri-

156 ation claim and has based it on "AN ACT to require prompt payments by the State of Illinois for goods or services" (Ill. Rev. Stat. 1981, ch. 127, par. 132.401 et seq.). Claimant seeks payments of interest which accrued on a bill for electrical work done for the Illinois Department of Transportation. This claim is for interest on $1,770.00. Claimant previously filed, on November 15,1983, a $1,770.00 claim with this Court for payment of the bill which the Department of Transportation was no longer able to pay due to the lapsing of the appropriation. An award was made in that case, No. 84-CC-1107, on March 14, 1984. The Respondent agrees that the Claimant is due 1% per month of its total outstanding bill of $1,770.00 for the period beginning September 15, 1983, which is 60 days after the Claimant billed the Department of Transportation, and ending November 14, 1983, which is the date the Claimant filed for payment of the bill in the Court of Claims. It is the Respondent's position that the aforementioned Act does not authorize interest on matters pending before this Court. Although there are no genuine issues of material fact we do find, as a matter of law, that Claimant is not entitled to a partial award of $53.10, the amount stated by the Respondent. We agree with Respondent that the aforementioned Act does not authorize interest on matters pending in this Court. Further, we do not think that the legislature intended that vendors be able to take advantage of the Act by delaying the filing of their claim. The clear purpose of the Act is to encourage prompt payments for goods and services. The agency's ability to pay expired at the end of the 90-day period following the end of the fiscal year. There was nothing it could do after that point in time to pay its bill. If the

157

parties' position is accepted, a Claimant could then wait almost five years, the limitations period for filing a claim based on breach of contract, before filing a claim, accruing 12% annum, and obtaining a windfall profit. per Claimant's damages would be limited to the period from September 15, 1983, which is 60 days after the Claimant billed the Department of Transportation, through September 30,1983, after which date the agency was no longer empowered to voucher the payment. Moreover, this claim is premature. Claimant filed this claim as one for lapsed appropriations. The obligation occurred during fiscal year 1984 and the agency is still capable of paying its obligations accrued during that fiscal year. We will hold this claim in abeyance until after September 30, 1984, rather than dismiss it as premature with leave to refile. So ordered. ORDER ON MOTION FOR SUMMARY JUDGMENT

PATCHETT, J.

This cause comes on to be heard on the Respondent's motion for summary judgment, which motion was held in abeyance pursuant to our order of September 7, 1984, it appearing that due notice has been given, and the Court being fully advised; This claim was held in abeyance pursuant to the aforesaid order to allow the Respondent's agency an opportunity to act on it. Nearly a year has passed and the Court has not been advised of any further action. There is a genuine issue of material fact as to whether or not the agency has acted on this claim. Accordingly, the Respondent's motion is hereby denied.

158

STIPULATION This is a lapsed appropriation claim. The State agrees to an entry of an award based on the report filed in this matter which provides the following information: AGENCY: Department of Transportation PURPOSE: Request for late payment penalty charge. FUND NO.: 011-49410-1200-0000 Fiscal Year: 1983 Amount: $8.85 CLAIMANT'S SOCIAL SECURITY or TAX NO.: 36-2955988 Sufficient funds lapsed to cover this claim. ORDER ON STIPULATION PATCHETT, J.

T h e record in this cause indicates that this is a

standard lapsed appropriation claim which should be paid in accordance with the above stipulation. It is so ordered.

(Nos. 84-CC-3046,85-CC-2758 cons.-Claims denied.) not

DEPAULNIVERSITY and UNIVERSITY OF ILLINOIS, Claimants, o. U THE STATE OF ILLINOIS, Respondent.

Order filed May 6, 1987.

MITCHELL, RUSSELL i KELLY, for Claimant DEPAUL k UNIVERSITY. NORMAN JEDDELOH, for Claimant UNIVERSITY

OF

ILLINOIS.

NEIL F. HARTIGAN, Attorney General (KATHLEEN O'BRIEN,Assistant Attorney General, of counsel), for Respondent.

159

LAPSED APPROPRIATlONS-tUitiOn chims-insufficient funds lapsedclaims denied. The Court of Claims denied awards to two universities for tuition payments for various students where the funds appropriated to pay the claims had lapsed, notwithstanding the contention that the claims were within the "expressly required by law" exception, since the lapsed funds were insufficient to cover the claims and the Court would refuse to apply the exception to the claims.

MONTANA, C.J.

These two Claimants brought these claims seeking tuition payments for various students. In their standard ``lapsed appropriation" form complaint they alleged that they demanded payment from the Illinois State Scholarship Commission (hereinafter ISSC) but that their demands were refused on the grounds that the funds appropriated for the payments have lapsed. Both claims are against fiscal year 1983 funds. The Respondent moved to dismiss on the grounds that an insufficient amount of funds lapsed in the FY83 line item appropriation to cover the amount of these claims. In its motion filed in the University of Illinois case, Respondent adds that the ISSC was unable to pay that claim during the fiscal year because the appropriation was reduced by the Governor as authorized by the Emergency Budget Act (P.A. 82-1038 approved December, 1982). Claimant University of Illinois did not respond to the motion to dismiss. Claimant DePaul University did respond. In its response, DePaul University argues that payment of the tuition is within the "expressly required by law" exception to the general rule that this Court will not make an award in lapsed appropriation claims when insufficient funds have lapsed. In support of its position, Claimant cited the language of the Higher Education Student Assistance Law (Ill. Rev. Stat. 1983, ch. 122, par. 30-15 et seq.), which was enacted to provide a "system

160 of financial assistance of scholarships, grants, and guaranteed loans for qualified institutions of their choice in the state, public or private." Claimant also cited language at par. 30-15.8(a) that the institution ". . . shall be entitled to the payments of tuition and other necessary fees provided by the scholarship or grant. . . .,, Further, Claimant pointed out that the law also allowed qualified institutions such as DePaul the right to an advance payment up to 75% of the awards to such institution's students prior to providing the students with the education for which the awards were made. In event that the institution does not provide the requisite educational services, the advance payment must be refunded. (Ill. Rev. Stat., ch. 122, par. 30-15.9(b).) In this case, Claimant stated it has fulfilled its contractual obligation of providing certain educational services to students qualified by the ISSC and is entitled to the compensation expressly provided by statute. If the Respondent's motion to dismiss is granted, Claimant argues, "it would not only penalize DePaul for its failure to request advance payment of awards, but would also frustrate the purpose of the specific statute authorizing the awards and would be contrary to the specific language thereof." We fully understand the Claimant's position and are not unsympathetic. However, we are constrained to abide by the Emergency Budget Act and must deny the claim. County of S t . Clair v . State (1984), 37 Ill. Ct. C1. 297. It is hereby ordered that these claims be, and hereby are, denied.

161

(N O S . 85-CC-0545, 85-CC-0554, 85-CC-0558, 85-CC-0586, 85-CC-0715, 85-CC-0794, 85-CC-1151, 85-CC-1295, 85-CC-1442, 85-CC-1637, 85-CC-1642, 85-CC-1711, 85-CC-1894, 86-CC-1148, 87-CC-1141 cons.Claimant in No. 85-CC-0545 awarded $595.80; Claimant in No. 85-CC-0554 awarded $473.00; Claimant in No. 85-CC-0558 awarded $13,066.00; Claimant in No. 85-CC-0586 awarded $1,525.00; Claimant in No. 85-CC-0715 awarded $733.00; Claimant in No. 85-CC-0794 awarded $223.50; Claimant in No. 85-CC-1151 awarded $22,934.95; other claims denied.)

ROOSEVELT UNIVEFSITYet al., Claimants, ILLINOIS, Respondent.

Opinion filed May 20,1987.

0. THE

STATE

OF

LAPSED APPRoPRIATloNs-tuition claims--lapsed funds insufficiefltrefund to agency used to pay some claims. Awards were made to some of the universities who filed claims for tuition payments against the Illinois State Scholarship Commission where insufficient funds had lapsed and the State agency had received refunds in the same grant program, and the awards were made on the basis of the earliest filings and continued until funds were exhausted.

MONTANA, C.J.

These Claimants each brought claims seeking tuition payments either for themselves or their students. Each filed a standard "lapsed appropriation" form complaint alleging that demand for payment was made to the Respondent's Illinois State Scholarship Commission (hereinafter referred to as the ISSC), but the demand was refused on the grounds that the funds appropriated for the payments had lapsed. All of these claims are against fiscal year 1984 appropriations. The Respondent filed departmental reports compiled by the ISSC in each case. The Board of Trustees of Community College District 508 filed claim number 85-CC-0794 on November 1, 1984, and it seeks $223.50. The reasons stated in the departmental report as why the Claimant was not paid was due to an incorrect disqualification of a student in connection with a defaulted loan. The Board of Trustees of Southern Illinois Univer-

162

sity filed its claim on December 4, 1984, and it seeks $23,937.13. The departmental report filed in this case does not indicate why this claim was not paid. The Board of Trustees of Community College District 508 filed its second claim on December 17,1984. The reason for nonpayment stated by ISSC in the departmental report filed in this claim is that the school did not request payment before the appropriation lapsed. Claimant Donna Enders filed her claim on December 31, 1984, and she seeks $225.00. In response to the question, "What is the dollar amount of the claim still unpaid, and why is it still unpaid?," the departmental report stated as follows:

"225.00 students award increased to $345.00 per term, not until after we had

paid $120.00 approved for 2nd sem., 1984" (sic)

We are unsure what that means. Cara Bocian filed her claim on January 21,1985, and she seeks $2,200.00.Her nonpayment was said to be due to an incorrect social security number problem and she did not appear on a roster for which the school could ask for payment. Javier D. Brathwaite also filed his claim on January 21, 1985. He seeks $190.00. The departmental report indicated that his school previously requested half-time payment but now he wants a full-time award. Jacqueline Thomas filed her claim on January 28, 1985, and she seeks $382.04. Attached to her complaint is a letter from the University of Illinois at Chicago Circle stating that she could not obtain a certified transcript because she owed this money. The ISSC report indicates that the school did not request payment from the ISSC until after the money lapsed.

163

DePaul University filed its claim on February 14, 1985, and it seeks $12,258.61.The ISSC stated that it, too, had submitted its claim after the appropriation lapsed and only $11,525.28 of the claim would have been approved for payment. Emanuel Martinez filed his claim on November 21, 1985, and he seeks $1,022.00. The ISSC stated that his school did not request payment. There was no comment made as to whether this claim would have been paid had it been presented before the appropriation lapsed. The Board of Trustees of Community College District 508 brought a third claim on December 2, 1986, seeking $286.00. The ISSC stated that the school had not requested payment previously. The Respondent moved to dismiss each claim on the grounds that an insufficient amount of funds lapsed in the line item appropriation to cover the amount of these claims, with the exception of the last Board of Trustees of Community College District 508 in which for no apparent reason the Respondent agreed to our making a full award. The motions were based on information contained in departmental reports which were compiled by the ISSC and offered as prima facie evidence of the facts contained therein pursuant to rule 14 of the Rules of the Court of Claims. Actually, $2,100.20 was said to have lapsed but previous claims had exhausted the balance. Interestingly, the ISSC stated that had the requests for payment been presented before the appropriation lapsed it would have paid six of the claims and not paid only one due to lack of funds. Some of the Claimants filed objections to the motions to dismiss arguing that their claims fell within the "expressly required by law" exception. Appropriating money for scholarship awards programs is a

164

legislative prerogative and not a function of the Court of Claims. The Court of Claims has dealt with the issues involved in these claims before. In Aurora College v . State (1985), 37 Ill. Ct. C1. 321, 323, the Court stated:

"It is a long-standing fundamental rule of law in this Court that, barring certain extremely narrow exceptions not applicable here, an award cannot be made in a lapsed appropriation claim where no funds lapsed. Where an insufficient amount of funds lapsed, an award is made of the balance remaining only. It is not an infrequent situation that, as with the claims at bar, numerous claims are filed against a lapsed balance insufficient to cover all the claims. When this happens and the Court has actual knowledge of it, it has been our policy to make awards to the earliest filing Claimants until the lapsed balance has been exhausted. We have considered alternatives and have decided that, while this policy is not free from criticism, the alternatives are too impractical, unworkable, or too unfair."

The Board of Trustees of Southern Illinois University raised a different objection. It presented evidence that the ISSC had received $39,551.25 in refunds of certain fiscal year 1984 Monetary Award Program Grants (the appropriation involved in these claims) and asserted that the Court should look to this refund money in determining the issue of sufficiency of lapsed funds. The Respondent then moved for leave to withdraw its motion to dismiss and tendered a stipulation agreeing to our making an award in that one case.

We agree with the proposition that this refund money should be considered and we will do so. However, the Court has actual knowledge of several Claimants in line ahead of the Board of Trustees of Southern Illinois University. The Claimants in Aurora College 0. State, supra, all sought money from the same line item appropriation from fiscal year 1984 as the Claimants herein do and their claims were filed earlier. All of those claims were previously denied except for that of Roosevelt University, No. 85-CC-0545 which was partially paid. Accordingly, on our own motion, we are reopening those claims and granting awards in the following amounts:

165

Claimant Number

Award

$

Balance

Roosevelt University Governors State Univ. Comm. College Dist. 508 St. Francis College Aurora College

85-CC-0545 85-CC-0554 85-CC-0558 85-CC-0586 85-CC-0715

595.80 473.00 13,066.00 1,525.00 733.00

$39,551.25 38,955.45 38,482.45 25,416.45 23,891.45 23,158.45

Next, we grant awards in the stated amounts in the following cases herein:

Community College District 508 85-CC-0794 Southern Illinois University 85-CC-1151

$

223.50 22,934.95

$22,934.95

For the reasons stated above we hereby deny the balance of claim number 85-CC-1151 and the later claims involved herein. The ISSC is however ordered to re-examine its records to determine if any more refunds of funds from the FY84 001-69131-4475-0100 line item appropriation have been received. If so, it is to contact counsel for the Respondent who is to notify the Court and we will reconsider those claims which are denied.

(No. 85-CC-0974-Claimant awarded $63,900.90.)

ROSETTA WHEADON, Claimant, 0. THE STATE Respondent.

Opinion filed July 3,1986.

OF

ILLINOIS,

EDWARD L. WELCH, for Claimant.

NEIL F. HARTIGAN, Attorney General (C LAIRE GIBSON TAYLOR, Assistant Attorney General, of counsel), for Respondent.

STiPuLATroNs-termination of employment contract-stipulationaward granted. After entering into negotiations concerning the termination of Claimant's employment contract with a State college, the Claimant

voluntarily terminated her employment before the end of the contract

166

period in exchange for a certain sum of money, and based on the agreement of the parties, an award was granted as a full and final satisfaction of her claim and any other claims relating to these events, and the Court granted the award knowing it is not bound by such agreements, since the Court does not desire to create or prolong a controversy where the parties wish to settle their dispute.

MONTANA, C.J.

This cause comes before the Court on the parties' joint stipulation settlement which states: This cause is a contract claim. The claim arises from the termination of the Claimant's employment with the Respondent. Claimant was the President of the State Community College of East St. Louis, which is owned and operated by the Respondent, State of Illinois. Claimant entered into negotiations for an agreement with the Trustees of the State Community College of East St. Louis, wherein the Claimant was to terminate her employment before the end of the contractual period, in exchange for a certain sum of money. The exact amount of money was never finally agreed upon by all the parties, but the Claimant did voluntarily terminate her employment. The parties have investigated this claim, and have knowledge of the facts and law applicable to the claim, and are desirous of settling this claim in the interest of peace and economy. Both parties agree that an award of $63,900.90 is both fair and reasonable. Claimant agrees to accept, and Respondent agrees to pay Claimant $63,900.90 in full and final satisfaction of this claim and any other claims against Respondent arising from the events which gave rise to this claim. The parties hereby agree to waive hearing the taking of evidence, and the submission of briefs.

167 This Court is not bound by such an agreement but it is also not desirous of creating or prolonging a controversy between parties who wish to settle and end their dispute. Where, as in the instant claim, the agreement appears to have been entered into with full knowledge of the facts and law and is for a just and reasonable amount, we have no reason to question or deny the suggested award. It is hereby ordered that the Claimant be awarded $63,900.90, in full and final satisfaction of this claim.

(No. 85-CC-2398-Claim dismissed.)

S AM COTTON, Claimant, o. THE STATE OF ILLINOIS, Respondent.

Opinion filed August 4,1986.

SAM COTTON, pro se, for Claimant. NEIL F. HARTIGAN, Attorney General (CLAIRE E. B. GIBSON, Assistant Attorney General, of counsel), for Respondent.

PRACTICE AND P m c m u R E - f r a u d bars claims. The practice of any fraud against the State in the proof, statement, establishment or allowance of any claim requires that the claim be forever barred from prosecution.

PRISONERS AND INMATES-Slip-and-fall-ppl.iSOn gllh?ry-fraUd in testimony- claim dismissed. A prison inmate filed a claim for injuries to his

foot sustained when he slipped and fell after stepping in some liquid on the floor of the gallery or mess hall where he was taking his supper meal, but the claim was dismissed, since the record established that the Claimant attempted to commit a fraud upon the State by offering false testimony that the lump protruding from his foot after the fall was not present prior to the fall.

RAUCCI, J . This is a claim brought by Sam Cotton, an inmate at the Centralia Correctional Center, to recover for personal injuries.

168

On February 1, 1985, when the Claimant, age 22, was an inmate at the Joliet Correctional Center, the Claimant fell while attending the supper meal at the gallery or mess hall. After walking into the dining room with his tray of food, Claimant set the tray down and went to get kool-aid beverage. After obtaining the koolaid, Claimant started back to his seat, where his tray of food was located, and fell allegedly injuring his right foot. Inmates obtained their beverages from two containers sitting on table tops, where inmates served kool-aid. Inmates carry their beverage container to the kool-aid station, place their container under a spigot and inmates push a button filling the container. On the date of Claimant's injury nothing unusual was being done. Claimant states that he was caused to fall by the slippery condition of the floor because "a lot of kool-aid was on the floor." Claimant had noticed beverage spilled on the floor in the area of the kool-aid stand on previous occasions. Claimant testified that the same foot had been injured earlier when he was in the Cook County Jail playing basketball. Claimant testified that, after the earlier injury at the Cook County Jail, the foot healed properly and Claimant had "no problems." Claimant testified he was unable to run and walk without discomfort after the first injury. Claimant testified the bone healed properly on that occasion. Claimant testified he didn't know whether the bone broken in the incident complained of was the same one broken at the Cook County incident. Claimant testified he couldn't tell whether it felt like the same bone or not. After being injured at Joliet, he was taken to Silver Cross Hospital where a cast was put on his foot. It was a walking cast and because of snow and wet conditions the cast got wet

169

and had to be taken off sooner than anticipated. Claimant testified that he told officers that a bone in his foot was sticking out. Correctional officers X-rayed his foot, wrapped it in an ace bandage, and sent him to Centralia Correctional Center. Claimant stated he felt that the cast came off too soon because his foot was still bothering him. Claimant testified he did not know how the kool-aid got on the floor, but he could see that the floor was wet. Claimant stated, "I . . . I seen the kool-aid on the floor, where I was getting my kool-aid." Claimant testified that he saw the kool-aid before he fell. Claimant also complained that he was having back problems subsequent to his fall on February 1,1985, and the doctors advised him he was suffering from a back sprain. Claimant testified that the back condition was getting a little better. With respect to the Claimant's foot, Claimant testified that his foot hurt all of the time and that there was a lump on his foot that protruded visibly that was caused by the February 1,1985, accident. On cross-examination by Respondent, Claimant again testified that he had no bone protruding from the side of his foot after the Cook County Jail injury. Respondent introduced medical records from Joliet Correctional Center in evidence, which included an Illinois Department of Corrections "medical history form" purporting to be dated January 25, 1985, bearing the following notation:

"Right foot-had cast 1984-bone protrudes."

Also, on certain "medical progress notes" bearing a date of January 30, 1985, the following notation appears:

"I hurt my right foot last August-they took cast off in September and it still hurts all of the time-deformity outer aspect, right foot."

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The medical progress notes referred to above are followed by medical progress notes noting the incident of February 1, 1985, about which Claimant complains in the present case. The Court of Claims Act provides in pertinent part as follows:

"sec. 14-whenever any fraud against the State of Illinois is practiced or attempted by any Claimant in the proof, statement, establishment or allowance of any claim or any part of any claim, the claim or part thereof shall be forever barred from prosecution in the Court."

Respondent argues that undisputed medical records made immediately before the accident and injury of which the Claimant now complains establish that Claimant did indeed have a lump protruding from his right foot about which he had complaints immediately prior to the incident now complained of. This evidence, properly before the Commissioner, can leave little doubt that the Claimant did indeed by his testimony attempt fraud against Respondent in connection with this claim. It is therefore ordered that this claim is dismissed and in accordance with Illinois Revised Statutes (1985), ch. 37, sec. 439.14, Claimant's claim be forever barred from prosecution in this Court.

(No. 85-CC-2452-Claim dismissed.)

GEORGE HAYNES 111, Claimant, v. THE STATE Respondent.

Opinion filed August 4,1986.

OF

ILLINOIS,

GEORGE HAYNES pro se, for Claimant. 111, NEIL F. HARTIGAN, Attorney General (MICHAEL TAYLOR, Assistant Attorney General, of counsel), for Respondent.

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PRISONERS AND INMATEs-lost property--failure to exhaust administrative remedies not proued-motion to d s i s denied. In the matter of an ims inmate's claim concerning the loss of personal property during his transfer within a penal institution, the State's motion to dismiss based on Claimant's failure to exhaust his administrative remedies was denied, since a letter from a prison official concerning Claimant's failure to appear at an administrative hearing on the matter was based on hearsay and was insufficient, standing alone, to justify denying Claimant a hearing.

S A M E - ~ O S S of personal property-bailment theory-bailment not proved-claim dismissed. Where an inmate proceeded against the State on the basis of bailment with regard to the loss of certain personal property during a transfer within a penal institution, his claim was dismissed, since the complaint alleged that an unknown officer or agent of the State took possession of the property and Claimant was later informed that it was missing, and there was no evidence tending to prove those allegations.

RAUCCI, J.

Claimant, an inmate of an Illinois penal institution, has brought this action seeking compensation for the value of two gold neck chains, a medallion and one pair of boots. Claimant's complaint alleges that, at the time of his transfer from segregation to orientation on May 29, 1984, his property was taken into the exclusive possession or control of an unknown officer, agent or employee of the Respondent and the Claimant's demands to have his property returned have been refused. As a preliminary matter, it must be noted that this cause was originally assigned to Commissioner Simpson on May 13, 1985, and was later assigned to Commissioner Rath. On June 26, 1985, Respondent filed a motion for general continuance while this file was pending before Commissioner Simpson, alleging that the Claimant failed to appear before the Administrative Review Board (ARB) and had not exhausted his administrative remedies. Attached to the motion was a copy of a letter from Mark A. Varner of the Illinois Department of Corrections to the Honorable Neil Hartigan dated June 7, 1985, purporting to set forth that the Claimant was scheduled to appear before the ARB on

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February 20,1985, but "refused" to go before the ARB to be heard. Apparently as a result of that motion and letter attached thereto, Commissioner Simpson entered an order continuing the cause, which was filed August 8, 1985, reciting that "at this point there is no way for the Commissioner to determine the truth" of whether the Claimant had refused to appear before the ARB or not. Commissioner Simpson ordered that the cause be continued to November 10,1985, in order that Claimant could obtain a hearing before the ARB and that the Claimant should notify the Court of the status of the ARB hearing on or before November 10, 1985. On August 19, 1985, this cause was referred to Commissioner Rath and was set for hearing December 2,1985.

At the hearing, Respondent objected to proceeding

with the hearing on the ground that Claimant had not exhausted his administrative remedies. Due to the fact that Claimant was present and had been placed under oath, the Commissioner interrogated the Claimant as to the allegation in Mr. Varner's letter, upon which Commissioner Simpson apparently relies, that he had "refused' to appear before the ARB. Claimant denied any refusal to appear before the ARB and affirmatively stated that at no time had he received a pass to appear before the ARB and that, of course, he did not have freedom of movement within the institution so that he could at his whim go from place to place in response to administrative hearing settings or for any other purpose within the institution. Respondent acknowledged that Mark Varner, the author of the letter upon which Commissioner Simpson apparently relied, did not have personal knowledge of whether or not the Claimant had been given the opportunity to appear before the ARB. Further, Respondent acknowledged that, in fact,

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Claimant had filed a grievance and had attempted to pursue administrative remedies. In Respondent's brief, Respondent persists in arguing that Varner's letter, in and of itself and standing alone, is sufficient cause to deny Claimant a hearing in this case. We do not agree. Varner's letter, admitted by Respondent to be based on hearsay, that Claimant "refused to attend an ARB hearing when weighed in the face of Claimant's direct and uncontradicted testimony that he filed his claim and was never given a pass to attend the hearing, or any hearing thereon, does not deprive Claimant of his right to be heard. Therefore, Respondent's objection to the hearing and motion for dismissal for want of prosecution is denied. On the merits of this cause, Claimant testified that on May 29, 1984, Claimant was transferred out of the segregation unit to the orientation unit as a result of a shakedown. The property Claimant grieves as lost was in his cell at the time. When Claimant's property was brought to him in a "garbage bag" it was not accompanied by an inventory slip, sealed in any proper transfer container, and both gold chains, medallions and combat boots were missing. Claimant went into some detail attempting to show that procedures prescribed by administrative regulations regarding the transfer of inmates' property were not followed by Respondent. Claimant contends that he wore his chains into the institution, and he was not required to have personal property permits for the chains. Claimant testified that his chains were worth $260 and $340 but stated "that's a rough guess." They had been acquired for him by his mother for his 21st birthday.

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In Doubling v. State (1976), 32 Ill. Ct. C1. 1, this

Court held that where a bailment is shown to have existed, Respondent may be liable for the value of the Claimant's property. In Bargas v. State, 32 111. Ct. C1. 99, it was held that the State does not owe a duty to its inmates of penal institutions to safeguard their property, which they may keep in their cells, from pilferage by other inmates. In Blount v. State, 35 Ill. Ct. C1. 790, this Court held that the cumulative precedential effect of Doubling and Bargas, supra, is not to be interpreted to mean that unless a bailment relationship is alleged or established by the evidence, the loss of an inmate's property is never compensable. In Blount, this Court stated that if properly pleaded and proven, the State can be held liable for the loss of an inmate's property notwithstanding the existence or nonexistence of a bailment relationship. This Court stated that, "to hold otherwise would be to condone irresponsibility and/or complicity on the part of the prison authorities." In this case, Claimant alleges that, at the time of his transfer, an unknown officer, agent or employee of the State took exclusive possession and control of Claimant's property, and further, that Claimant had been informed by Respondent that his property was missing and could not be returned to Claimant. There is no evidence which would tend to prove the allegations of the complaint. Claimant did not proceed against Respondent on the basis of negligence but chose to proceed on the basis of bailment . No proof of a bailment was offered. It is therefore ordered that this claim is dismissed, with prejudice.

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(No. 85-CC-2570-Claimant awarded $3,000.00.)

T HEARITY WHITE, Claimant, u. T HE STATE

Respondent.

Opinion filed June 22,1987.

OF

ILLINOIS,

THEARITY WHITE, pro se, for Claimant.

Attorney General (CLAIRE E. NEIL F. HARTLGAN, TAYLOR, Assistant Attorney General, of counsel), for Respondent.

PRISONERS D INtams-inmate's finger crushed by manhole cmerAN State negligent-award granted. An inmate of a correctional center was granted an award for the injuries sustained when his finger was crushed

under a manhole cover while he was working with a crew inspecting manholes, since the State breached its duty to provide safe tools and working procedures by failing to provide blocks to slip under the covers when they were lifted.

SOMMER, J. Claimant, a former resident of the Stateville Correctional Center, now residing at the Danville Correctional Center, has brought this action for personal injuries sustained by him on February 26, 1985, on the Stateville grounds when a manhole cover fell on his left middle finger. The Claimant and two other residents were on a work crew which had the daily duty of lifting various manhole covers (150 to 200 pounds each) in order to inspect whatever was below the covers. Generally, the covers were lifted by a hook which would enter a hole in the covers and grip the reverse side. However, some new covers had been installed in which the hole did not go through. The supervisor of the Claimant's work crew manufactured a hook to lift these new covers. The Claimant's job was to grasp the cover as it was lifted and slide it aside as it was hanging on the hook. On the occasion of the injury, the new hook slipped, and the

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cover dropped on the Claimant's left middle finger trapping it between the edge of the manhole and the cover. The finger was badly mangled. No bones were broken, but at the time of the hearing some loss of use was evident. Claimant is right-handed. Testimony from all three members of the work crew was that the crew's supervisor made a hook to lift the new manhole covers and ordered its use. No blocks were provided to slip under the lifted cover, so the Claimant had to slip his hands under the cover. The Respondent had a duty to provide safe tools and safe working procedures. This Court finds that both duties were breached. This Court finds that the Claimant did suffer great pain as a result of the accident and did suffer some permanent damage to his left middle finger, In Hughes 2). State (1984),37 Ill. Ct. C1.251, a prisoner mangled and broke the bones in three fingers when a block of ice fell on them. He had substantial permanent loss of use of one finger and some permanent loss of use of another finger, with further surgery needed. He was awarded $9,000 by this Court for his pain and suffering and loss of use. Therefore, we award the Claimant $3,000 for pain and suffering and loss of use.

(No. 85-CC-3061-Claim denied.)

GERALD HARRIS, Individually, and for the use and benefit of General Casualty Company, Claimant, v . THE STATE OF ILLINOIS, Respondent.

Opinion filed November 10,1986.

D ANIEL R. SIMMONS, for Claimant.

177

NEIL F. HARTIGAN, Attorney General (CLAIRE E. B. GIBSON, Assistant Attorney General, of counsel), for Respondent.

NEGLIGENCE-essence of doctrine of respondeat superior. Under the doctrine of respondeat superior, an employer is responsible for the actions of his eniployees when those actions are within the scope of their employment. SAME-duties of drivers on highways. Truck drivers are charged with ordinary common law duties of care to keep a lookout for things obviously visible and to keep their vehicles under control while driving on the State's highways, and they have the further duties to drive at a reasonable speed under the existing conditions, not to follow too closely, and to decrease speed to avoid colliding with vehicles ahead of them. SAME-failure to establbh proximate cause precludes liability. The adoption of comparative negligence in Illinois did not extinguish the need to establish proximate cause, and the failure to establish proximate cause precludes liability and negates the need to compare fault. SAME-rear-end co&ion-stlowplow not cause-claim denied. Where two semitrailer trucks belonging to a Claimant were involved in a rear-end collision while following a State snowplow, the Court of Claims denied an award, since the evidence established that the snowplow was not the proximate cause of the collision, but in fact, the collision was caused by the negligence of Claimant's drivers who could have avoided the accident by watching the traffic ahead, and driving slower or at a greater distance behind the vehicles in front of them.

HOLDERMAN, J Claimant in this cause seeks to recover $5,194.83 for damages sustained to his truck which was damaged in an accident on January 18, 1985. The facts in this cause are undisputed. On January 18, 1985, two semitrailer trucks loaded with coal, and owned by Claimant Gerald Harris, were being driven eastbound on U.S. Route 16, a two-lane rural highway. A semi driven by Claimant's employee, Billy Morrisson, was following a semi driven by another of Claimant's employees, Darryl Reilly. It was their usual practice to travel together when loading and delivering the coal, and they had done so for a long period of time.

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Travelling eastward through Litchfield, Illinois, the trucks proceeded down a hill, the crest of which was approximately one mile from a bridge located at the foot of the hill. There was a line of three or four cars in front of the lead semi, also traveling eastbound. Both drivers observed a State of Illinois snowplow ahead, plowing on the right-hand road shoulder, as they drove down the hill. The orange beacon light on the snowplow was operating. As the trucks neared the bridge, driver Reilly saw the snowplow pull onto the bridge (which had no shoulder) ahead of the line of cars. He signaled driver Morrisson behind him by braking and warning him by CB radio that the plow was pulling onto the bridge. The snowplow and the cars went across the bridge and, just as driver Reilly got across the bridge, he completely stopped his semi on the road and was then rear-ended by Morrisson's semi, causing damage to the front of Morrisson's semi. Reilly had not told Morrisson he was going to stop on the pavement. The two semis were the only vehicles involved in the accident. Under the doctrine of respondeat superior, Claimant is responsible for the actions of his employees, within the scope of their employment. Claimant's driver employees were acting within their employment when this accident occurred. Claimant's driver employees were charged with ordinary common law duties of care to keep a lookout (Pyle v . State (1980), 33 111. Ct. C1. 6), to see things obviously visible (Pyle, supru; Adams v. State (1981), 35 Ill. Ct. C1. 216), and to keep their vehicles under control (Howell v. State (1959), 23 111. Ct. C1. 141). Further, they had a statutory duty under section 11-601 of the Illinois Vehicle Code (Ill. Rev. Stat., ch. 95%,par. 11-601) to drive at speeds reasonable and proper under the

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conditions that existed, so as not to endanger the safety of persons or property, and to decrease speed as necessary to avoid colliding with persons or vehicles. Both drivers had a duty under section 11-710 of the Illinois Vehicle Code (Ill. Rev. Stat., ch. 95%,par. 11710) not to follow vehicles ahead more closely than is reasonable and prudent, considering speed, traffic, and highway conditions. From the evidence submitted, the Court is of the opinion that driver Reilly in the lead truck violated his duties by negligently stopping on the pavement, without specific warning, when it was not necessary for him to do so. If it was necessary for him to stop completely to avoid hitting the car in front of him, then he must have been driving too fast or following too closely, since the car in front of him did not stop. Although driver Morrisson testified he was driving below the limit of 45 miles per hour, the Court can only conclude from the facts of the accident that he was either driving too fast under the circumstances or that he was following the other truck too closely. It is well to note that the three or four autos immediately ahead of the truck were all able to slow down enough behind the snowplow to avoid collisions. Only the Claimant's drivers were unable to slow down enough to drive on behind the snowplow as the autos did. This is clear evidence that they were either driving too fast or following too closely and the one could not stop when the truck in front of him stopped on the pavement. The adoption of the doctrine of comparative negligence in the State of Illinois did not extinguish the requirement of proximate cause. Failure to establish

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proximate cause of an injury precludes liability, negating the need to compare fault. Nunley v . Village of Cahokia (1983), 115 Ill. App. 3d 208, 450 N.E.2d 363, leave to appeal denied; Misch v . Meadows Mennonite Home (1983), 114 Ill. App. 3d 792,449 N.E.2d 1358. It therefore appears the proximate cause of the rearend collision was the negligent driving of Claimant's drivers. They could have avoided the accident by watching the traffic ahead of them more closely, by driving slower, or at a greater distance behind the vehicles in front of them. This claim is denied.

(No. 86-CC-0048-Claimantawarded $500.00.)

MAURICE MOORE, Claimant, u. T HE STATE

Respondent.

Opinion filed June 22,1987.

OF

ILLINOIS,

MAURICE MOORE, pro se, for Claimant.

NEIL F. HARTICAN, Attorney General (JOHN R. BUCKLEY, Assistant Attorney General, of counsel), for Respondent.

NEGLIGENCE--TeS ipsa loquitur applies to State. The doctrine of res ipsa loquitur is applicable to a public authority in the State of Illinois. PRISONERS INMATts-swZ'vel chair broke-inmate injured in fall-res AND ipsa loquitur-award granted. Based on the doctrine of res ipsa loquitur, an inmate of a correctional center was granted an award for the injuries he sustained when a swivel chair bolted to a table unit gave way and threw him to the floor, since the evidence established an unrebutted prima facie case of negligence on the part of the Respondent.

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PATCHETT, J.

This is a claim brought by Maurice Moore for personal injuries sustained by him while a resident of the Centralia Correctional Center. On April 27, 1985, Claimant was playing cards in the day room of the institution. While sitting in a plastic swivel chair bolted to a table unit, the chair gave way and threw him to the floor. He injured his back, and in trying not to hit his head on the floor, caused his left index finger to be sprained. Examination of the chair revealed that one or more of the screws needed to hold the chair to the unit were missing. Applying this Court's holding in Ware v . State, 25 Ill. Ct. C1. 181, Claimant made an unrebutted prima facie case of negligence on the part of the Respondent. In Ware, the Claimant was injured when the chair in which she was sitting in a State office collapsed.

"This Court is of the opinion that the doctrine of res ipsa loquitur is applicable to a public authority in Illinois. (See Roberts u. City o f Sterling, 22 111. App. 2d 337; Kenney u. State, 22 111. Ct. C1. 247; and Finch u. State, 22 111. Ct. C1. 376.) The testimony clearly shows that the chair in question was under the control and management of the Unemployment Compensation Division of the Department of Labor of the State of Illinois, and that the occurrence was such as in the ordinary course of events would not have happened if due care had been exercised by Respondent. Claimant has established a prima facie case of negligence on the part of the Respondent, thereby shifting the burden of proof to Respondent. Respondent produced no evidence on the question of negligence and has failed to rebut the presumption raised by Claimant's testimony. There is testimony in the record by Claimant that after the fall she noticed there was an old place in the chair where the chair had cracked, and that there was a crack on the back part of the chair where the seat goes into the leg. Under the doctrine of res ipsa loquitur it becomes the obligation of Respondent to show by affirmative proof that Respondent was not guilty of negligence in the incident in question, namely, the collapsing of the chair on which the Claimant sat. Respondent has failed to do so, and the Court finds that Respondent was guilty of negligence in the maintenance of the chair, and that said negligence caused the injury to Claimant." Ware u. State, 25 Ill. Ct.

C1. 181,185.

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Claimant's medical history pertaining to the accident is contained in the departmental report attached to the transcript of this case. We are of the opinion that the Claimant suffered temporary pain and discomfort. It appears that he was unable to work in the correctional center kitchen for two weeks, and lost $6.00 in pay. Therefore, we award the Claimant five hundred dollars ($500.00) for pain and suffering.

( N O . 86-CC-0230-Claim denied.)

VERA IRENE MCGRAW, Claimant, u. THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION, Respondent.

Opinion filed August 6,1986.

LAWRENCE BRUCKNER, for Claimant. NEIL F. HARTIGAN, Attorney General (JOHN BUCKLEY, Assistant Attorney General, of counsel), for Respondent.

NECLIGENCE-State i s not insurer of safety of invitees. The State has a duty to exercise reasonable care for the safety of invitees using State buildings and property, but the State is not an insurer of the safety of invitees. SAME-slip-and-fall-ice-breach of duty by State not proved- claim denied. The Court of Claims denied a claim for injuries sustained when the Claimant slipped and fell on ice at a State facility where she had gone to work as a volunteer for a Red Cross bloodmobile program, since she failed to prove by a preponderance of the evidence that the State breached its duty of reasonable care to provide for the safety of persons using the facility for the blood donation program.

POCH,

J.

This claim arises out of an incident which occurred on December 13, 1983, at the State of Illinois Department of Transportation headquarters in Dixon, Illinois.

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On that date the Red Cross set up its bloodmobile in the assembly room of the Department headquarters for the benefit of the Transportation employees and others who desired to donate blood. On the morning of December 13,1983, at about 10 a.m., Claimant drove into the employees' parking lot at the north end of the Department of Transportation complex and parked her car. Claimant came as a volunteer to help prepare lunch for those who had donated blood. It had rained the night before and the temperature was in the low thirties. Claimant entered the building at the north door and walked down the corridor to the assembly room where she found the bloodmobile. She intended to return to her car to bring in the groceries for the donors' lunch.

As Claimant started for her car, a man who also was a volunteer for the Red Cross offered to go with her to carry the groceries. Claimant testified she started to retrace her steps and started to walk in the same direction as she came when the other volunteer said, "You're going the long way. I'll show you a short cut." She further testified that from then on "I was in his hands, and went with him as he seemed to know where he was going."

Unfortunately, he did not know where he was going and they walked in the exact opposite direction from the direction they should have taken and exited the building at its far southwest corner. The Department of Transportation had posted signs both inside and outside the building identifying the parking lot to be used by the volunteers and donors, and the portions of the building being set aside for Red Cross purposes. In walking in the direction which they did

184

Claimant and her friend ignored a sign in the corridor pointing in the opposite direction. They exited the building onto a concrete parking lot. They were passing in front of a garage door when Claimant slipped on some ice and fell breaking her left arm. Claimant testified that the surface was clear and that the ice was thin and very smooth. The sheet of ice was about three feet across.

As a result of the fall, Claimant was unable to accept a job as a cook.

James P. Wasilewski, a witness for Respondent, testified that he is the business services manager for the installation and is responsible for the maintenance of the office, including snow and ice removal around the facility. He testified that he made detailed preparations both inside and outside the building to insure the safety of persons using the parking lot and the part of the building reserved for volunteers and blood donors. He did not anticipate that anyone involved in the blood program would find their way into the southwest comer of the building. After the accident, Wasilewski did inspect the area where Claimant had fallen and found only dampness on the pavement. The State is not an insurer of the safety of invitees, but must only exercise reasonable care for the safety of invitees. The burden is upon the Claimant to prove by a preponderance of the evidence that the State breached its duty of reasonable care. This Claimant has failed to do.

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We find that the Claimant has not shown by a preponderance of the evidence that the Respondent was negligent, and therefore this claim is denied.

(No. 86-CC-0338-Claim denied.)

J AMES

DAVIS, Claimant, 0.THE STATE OF ILLINOIS, Respondent.

Opinion filed May 26,1987.

JAMES DAVIS, pro se, for Claimant.

NEIL F. HARTIGAN, Attorney General (JIM MAJORS, Assistant Attorney General, of counsel), for Respondent.

PRlSONERS AND INMATES-state's duty to SUpeT7liSe work Of inmates. Inmates of State penitentiaries have a right to safe and adequate work tools, and the State has a duty to supervise the work of inmates and provide such tools. SAME-inmate burned b y hot water-bucket not proved unsafe-claim denied. In an action arising from injuries sustained when an inmate was burned by hot water which spilled from an allegedly defective bucket he was using to fill a coffee machine, the Court of Claims held that the inmate failed to prove his claim by a preponderance of the evidence, since there was no evidence that the bucket was dangerous or improper for use in filling the coffee machine, Claimant failed to show any standards as to what equipment would be proper to fill the machine, and he had followed the same procedures in filling the machine for two years prior to the injury. SAME-inmate burned-hot water spill-improper medical care not proved-claim denied. An inmate who was burned when hot water spilled on hi5 foot while he was filling a coffee machine failed to establish a breach of the State's duty to provide proper medical care, since the only evidence of the State's negligence was the inmate's conclusory testimony, there was no proof of any standard of care violated, Claimant was not exempt from establishing the standard of care, and the State's report concerning the treatment rebutted Claimant's conclusions and was prima facie evidence that the treatment was adequate.

MONTANA, C.J.

Claimant's complaint arose from an incident on June 2, 1985. On that date, the State of Illinois

186

Department of Corrections (State) allegedly made Claimant use an unsafe bucket, without a handle, to pour hot water into a coffee pot. The bucket slipped out of his hands, the hot water spilled and caused burns to Claimant's right foot. He further alleged that the State failed to provide proper medical care for his injuries. During the period in question, Claimant was an inmate at Stateville Prison in Pontiac. The case proceeded to trial on July 10, 1986. The evidence consisted of Claimant's testimony, the Department of Corrections report and Claimant's medical records. Claimant and Respondent each filed briefs in support of their respective positions. Claimant advised the Court on February 22, 1987, that he would not file a reply brief. For the following reasons, this claim is denied. At the time of the incident in question, Claimant was assigned to the officers' kitchen at Stateville. His responsibilities were to maintain a steam table and make coffee. Claimant had been assigned to this area for approximately three years. For two of those years he made coffee each morning he worked. Prior to being assigned to Stateville he had organized kitchens and taught people how to run kitchens. He also trained other prisoners assigned to the officers' kitchen. Claimant testified that on Sunday, June 2, 1985, at about 5:30 a.m., he was in the kitchen making coffee. He followed the same process he had in the past. Claimant drew hot water for the coffee machine into a bucket. Whether the bucket had a handle or not is disputed. Claimant alleges it was without a handle. He then stood on a chair and proceeded to pour the hot water into the

187

coffee machine. While Claimant was pouring, the bucket slipped and the water spilled on his foot. He immediately took off his shoe and sock and the skin had begun to blister. From the kitchen, Claimant went to the office of the kitchen and saw a supervisor named Jones. Jones gave him some Silvadene burn cream, which Claimant applied to his foot. At Jones' direction, Claimant was assisted to the prison hospital. Upon arrival at the hospital, two paramedics on duty informed Claimant that a doctor was not on duty at the time and that nothing could be done. He asked the paramedics for something for the pain but was refused because no doctor was present. Claimant was told by the paramedics that a doctor would be in between 10 and 10:30 a.m. While he was waiting, the only thing that could be done was to soak his foot in cold water. Some of Claimant's fellow inmates assisted him into a bathroom. He put his foot in a pan of ice water while he was waiting. During this period Claimant's foot swelled and he passed out intermittently. At 10:30 a.m. Claimant saw a doctor. The doctor said that it was a second degree burn. The doctor advised a two-day lay in and Tylenol for the pain. A lay in means that Claimant was to stay in his cell with no work activity. When asked about the pain, the doctor responded that Tylenol was all he would prescribe at that time. The next day, on June 3, a paramedic took Claimant back to the hospital. Blisters on his foot were broken by hospital personnel, medicated and dressed. At this time medication was prescribed for Claimant's pain. The next few days, he had the dressing changed twice a day.

188

Claimant further testified that on Friday, June 7, he was admitted into the hospital because his foot was infected. Claimant's dressings were still changed twice a day and he was given pain medication twice a day. Approximately one week later, Claimant was discharged from the hospital. Subsequent to discharge he was to return from the cellhouse daily to have the dressings changed and receive therapy. Claimant was told he could return to work when he could get his shoe on. One or two weeks later, he could wear a shoe and was told to return to work. The Department of Corrections report, offered as evidence by the State, contained an incident report filed by supervisor Jones, a statement by James Heaton, health care unit administrator, and Claimant's medical records. The records indicate that Claimant was treated June 2, at 6:05 a.m., in the prison medical unit by a registered nurse. Silvadene cream and a sterile dressing were applied. No blistering was noted by the nurse and Claimant was told to return at 10 a.m. for examination by a doctor. Upon return at 10 a.m. the doctor diagnosed "developing first degree burns." The doctor also indicated that the patient did not complain of any pain or discomfort. On June 3, Claimant returned and was again seen by a nurse and doctor. The diagnosis was changed to second degree burns as blisters had developed. The blisters were debrided and fresh dressings applied. No complaint of pain by the Claimant was indicated. Claimant continued to return for a change of dressings and examination daily from June 3 through June 7.

No complaint of pain was recorded until June 6. Heaton's report states that at 10:20 a.m. on June 6,

189

Claimant was given two Percodon pain tablets. On June 7, Claimant was admitted to the infirmary for one week for treatment. During that period, any complaints of pain were duly noted and medicated and Claimant's condition was regularly monitored. Claimant was discharged on June 13, with orders to return daily for seven days for therapy and dressing change. As can be seen from the preceding scenario,'the two versions of Claimant's medical treatment parallel each other quite closely. Stripped of Claimant's rhetorical embellishments, the only material deviation stems from when Claimant first complained of pain and whether the State's asserted ignorance of those complaints equals improper medical treatment. The answer to that question has to be no. The issues before the Court are whether the State was negligent in supplying unsafe equipment for the Claimant and if the medical treatment afforded Claimant was of a standard of care beIow that required in the community. The State has a duty to supervise the work of inmates in State penitentiaries and to provide safe and adequate work tools. (Hughes v . State (1984), 37 Ill. Ct. C1. 251.) While it is disturbing that the issue of whether or not the bucket had a handle cannot be definitively resolved because the bucket has mysteriously disappeared, that fact bears little weight upon the Court's conclusion. Accepting as true the assertion that it did not have a handle, Claimant made coffee with this bucket daily for two years. He was familiar with the kitchen operation. It would appear that the Claimant did not act with due care for his own safety in an area and with equipment with which he was familiar.

190

Granted, as an inmate, Claimant is required to take orders and carry them out. He did not enjoy the same independence as a person outside the penitentiary. To refuse to use the bucket may subject him to disciplinary action. So Claimant kept silent and did as he was told. Goodrich v. State (1984), 36 Ill. Ct. C1. 326; Moore v . State (1951), 21 Ill. Ct. C1. 282. However, Claimant's position does not relieve him of a duty to exercise due care for his own safety. Claimant has the burden of proving his claim by a preponderance of the evidence and has not done so. Brown v . State (1980), 33 Ill. Ct. C1. 100; Cook v . State (1973), 28 Ill. Ct. C1. 240. There was no evidence that a supervisor was aware of any dangerous condition or that Claimant ever affirmatively requested a different bucket. (Burns v. State (1982), 35 Ill. Ct. C1. 782.) There was no evidence that Claimant or anyone else had any problems with the bucket before the injury. There was no testimony that the bucket was improper for its use. (Robinson v. State (1984), 36 Ill. Ct. C1. 298.) Further, under the evidence before the Court, the bucket could not be called inherently dangerous. McCahee v. State (1977), 33 Ill. Ct. C1. 326. Finally, Claimant has failed to show what standards were acceptable and what equipment was proper for use in performing his duties at the time of injury. (Kernper v . State (1982), 35 Ill. Ct. C1. 144.) In fact, Claimant used this bucket and followed the same procedure daily for two years prior to his accident. Claimant cites Spears v . State (1984), 37 Ill. Ct. C1. 164, as support for his position. Spears is inapposite to the facts at hand. In Spears, liability was predicated

191

upon the Claimant's lack of training. Clearly, that situation does not apply to the case at bar. Claimant's allegations of improper medical care are equally without merit. No proof of the State's alleged negligence other than Claimant's own conclusory testimony was presented. There also was no proof of any standard of care violated by Respondent. Wollard v . State (1980), 34 Ill. Ct. C1. 198. Claimant must establish a breach of duty through expert testimony to establish that the Respondent deviated from the required standard of care. (See Conrad v . Christ Hospital (1975), 77 Ill. App. 3d 337, 395 N.E.2d 201.) Claimant cites Clark v . State (1984), 37 Ill. Ct. C1. 231, in support of his position that he is excepted from the above expert rule. Claimant's stance is untenable. The negligence in Clark was so obvious that an expert was not necessary. This is missing in the present case. Claimant was examined and treated on at least a daily basis from the time of his injury until his return to work. He offered no convincing evidence that either his pain or the seriousness of the injury was exacerbated by the State's treatment. Without more from Claimant, the department report rebuts Claimant's conclusions of negligence and is prima facie evidence that adequate treatment was given Claimant. Splain v . State (1980),34 Ill. Ct. C1. 111. Accordingly, Claimant James Davis' claim is denied.

192

(No. 86-CC-1067-Claim denied.)

B A RB A R A L YONS, Claimant,

0. T HE S TATE Respondent.

OF

I LLINOIS ,

Opinion filed April 21,1987.

WINSTEIN, KAVENSKY, WALLACE & DOUGHTY (CRAIG L. KAVENSKY, of counsel), for Claimant.

NEIL F. HARTIGAN, Attorney General (CLAIRE TAYLOR, Assistant Attorney General, of counsel), for Respondent.

STATE PARKS AND RECREATION AREAS-state's duty to maintain parks. The State is not an insurer against accidents occurring to visitors to State parks, and is not required to undertake extraordinary inspections of such facilities, but the State does have a duty to exercise reasonable care in the maintenance of State parks. NEGLIGENCE-inUitee assumes normal and obvious risks. An invitee, as a principle of law, assumes the normal and obvious risks attendant to the use of premises, and the State, since it is not an insurer against all accidents on its premises, cannot be expected to remove all risks of accidents which may occur in the absence of negligence. STATE PARKS AND RECREATION AREAShiker fell on wood stairsnegligence of State not proued-claim denied. A claim for the injuries sustained when a hiker at a State park fell and broke her ankles on an allegedly defective wooden stairway was denied, notwithstanding the Claimant's contention that the State had constructive notice of the defective condition of the stairs, since the evidence established that the State used reasonable care in inspecting and maintaining the stairs, and the alleged defect was minor and not actionable.

POCH, J. This claim arises out of an accident which occurred on November 25, 1984. Claimant seeks to recover for injuries she sustained when she fell after descending a flight of stairs constructed of wood and maintained by the Respondent at Black Hawk State Park located near Rock Island, Illinois.

On October 9, 1986, Commissioner Bruno P. Bernabei held a hearing on the evidence. The commissioner has duly filed his report, together with the transcript, exhibits and briefs now before us.

193

The Claimant testified that as she stepped off the last step of the stairway with her left foot on to a wooden platform, her left foot became caught in a hole located on said platform. She further testified that as she brought her right foot down, it also became lodged in the hole located on the platform, thereby causing her to fall to the ground. The injuries consisted of fractures to both of her ankles, the right ankle suffering a nondisplaced break of the distal fibula, and the left ankle suffered fractures involving three breaks. She was treated by Dr. Richard Ripperger, who last examined her approximately four months after the accident noting good range of motion. Although Claimant was advised by the treating physician to return for a follow-up within three months if she was still experiencing difficulty, Claimant testified that she did not in fact return to the doctor. The testimony by Respondent's witnesses was to the effect that the stairway and platform in question were originally built in 1976 and that the stairway itself was replaced in the summer of 1984. There was further testimony that the stairway and platform were last inspected during the first week of November 1984, at which time they were found to be in good condition. The platform itself was constructed of two-inch by 10inch boards with a thickness of lfi inches. The testimony indicated that the wood was specially treated, but it would still be subject to deterioration from the weather. At the time of the hearing, the Claimant testified that she still has pins in her left ankle and that she notices swelling in both of her ankles. She further testified that, depending on the weather, she experiences considerable pain. Claimant testified that she is no longer able to walk the distances that she was able to prior to the accident,

194

and is concerned that she will not be able to return to her nursing profession. Total medical expenses incurred because of the injury to Claimant were in the amount of $5,143.35,and of said amount all but $1,078.48 was paid for by insurance providers. Claimant relies on Baren v . State (1974), 30 Ill. Ct. C1. 162, wherein the Court held that the existence of a hole on a public street for over a month gave the State constructive notice of its existence and that the State was under a duty to either make repairs or erect a warning of said condition. The Claimant feels that based on photographs taken within one month of the accident, which were introduced into evidence, showing a hole which would appear to have been in existence for some time, the Respondent would, therefore, have constructive notice of the dangerous condition. From the evidence introduced and the testimony of witnesses, it appears that the alleged defect had not rotted through the board and, at best, would be construed to be a minor defect in the platform. This Court has noted that minor defects are not actionable in that no one would anticipate danger from such minor defects. If, in this case, the condition had worsened and deteriorated into a hole in the platform, it would have become a dangerous condition, thereby imposing responsibility on the Respondent, if the said Respondent had actual notice thereof or sufficient evidence supporting constructive notice. This does not appear to be the case under the evidence presented in this matter. This Court has previously found that the Respondent State has a duty to exercise reasonable care in the maintenance of its parks. (Finnv. State (1962), 24 Ill. Ct.

195

C1. 177.) The Respondent is not an insurer against accidents occurring to visitors to park facilities, and is not required to undertake extraordinarily burdensome inspections. (Finn, supra.) The facts, as set out above, establish that the park personnel made weekly summer inspections, responded immediately to complaints, and made repairs promptly. A case directly on point is Barry v . State (1982), 35 Ill. Ct. C1. 131. In Barry, the Claimant fell off a wooden stairway on a hiking trail when the handrail gave way. Weekly inspections had been made of that structure, as they were in this case. Recovery was denied in Barry, for lack of notice of the defective condition. It is a principle of law that an invitee, such as the Claimant, assumes normal or obvious risks attendant to the use of premises. (Lindberg v. State (1954), Ill. Ct. 22 C1. 29.) Because the State is not an insurer it cannot be expected to remove all risks of accidents which may occur in the absence of negligence. Obviously, there are certain risks inherent in hiking that must be assumed by the hiker. Kamin v . Illinois (1953),21 Ill. Ct. C1.467. The burden is upon the Claimant to prove by a preponderance of the evidence that the State breached its duty of reasonable care. It is the opinion of the Court that Claimant has not shown by a preponderance of the evidence that the State was negligent and therefore this claim is denied.

196

(No. 86-CC-1220-Claimant awarded $301.77.)

CRAIG RANDICH, Claimant, v . THE ILLINOIS DEPARTMENT CORRECTIONS, a division of THE STATE OF ILLINOIS,

OF

Respondent.

Opinion filed August 18,1986.

CRAIG RANDICH, se, for Claimant. pro

NEIL F. HARTIGAN, Attorney General (ROBERT J. SKLAMBERG, Assistant Attorney General, of counsel), for Respondent.

STIPuLATIoNs-prison inmate drove tractor into Claimant's carstipulation-award granted. Based on the joint stipulation of the parties, an award was granted for the damages sustained by Claimant when an inmate of a correctional center struck Claimant's car with a tractor the inmate was operating just outside the prison premises.

PATCHETT, J. This matter is before the Court upon the joint stipulation of the parties hereto. This claim sounds in tort and is brought pursuant to section 8(d) of the Court of Claims Act. 111. Rev. Stat. 1985, ch. 37, par. 439.8(d). On or about July 4, 1985, a tractor operated by an inmate of Stateville Correctional Center struck Claimant's automobile at a location just outside the prison bremises. At the time of the incident, said inmate was engaged in certain work at the request and direction of Respondent. As a result of this incident, Claimant sustained damage to his automobile. We note that the parties hereto have agreed to a settlement of this claim and that Respondent agrees to the entry of an award in favor of Claimant in the amount of three hundred one dollars and seventy-seven cents ($301.77). Based on the foregoing, Claimant, Craig Randich, is hereby awarded the sum of three hundred one dollars

197

and seventy-seven cents ($301.77), in full and final satisfaction of this claim.

(Nos. 86-CC-2978,86-CC-2979-Claims denied.)

KATHLEEN S. POTTER et al., and RONALD STRUEBIN al., et Claimants, u. THE STATE OF ILLINOIS, Respondent.

Order filed April 9,1987.

LANE & WATERMAN, for Claimants.

NEIL F. HARTIGAN, Attorney General (SUZANNE

SCHMITZ, Assistant Attorney General, of counsel), for Respondent.

LIMITATioNs-Zowa claimants-attempt to collect judgment of Iowa court-action untimely-claim dismissed. In proceedings arising from a judgment of an Iowa court granting Claimants a monetary judgment against the State of Illinois for the death of Claimants' decedents in an accident on a bridge over the Mississippi River, the Court of Claims dismissed the attempt to collect the judgment by garnishing funds withheld for Illinois taxes, notwithstanding the fact that the State of Illinois erroneously contended the actions should be dismissed for failure to give timely notice of intent to commence wrongful death actions, since the claims accrued on the date of the Iowa judgment, but were not filed in the Court of Claims until more than two years later, and the Court of Claims has no authority to expand the time for filing as provided in the statute of limitations.

RAUCCI, J. This cause coming on to be heard on the Respondent's motion to dismiss, the Claimants' "resistances" thereto, the Court having reviewed the record and being fully advised in the premises, the Court finds:

1. An action was initiated in the Iowa district court for Scott County by Claimants against the State of Illinois alleging that James Potter and Joel Struebin died as a result of an accident on the 1-80 bridge over the Mississippi River between Iowa and Illinois.

Over the objections of the State of Illinois, the Iowa court ruled there was jurisdiction over Illinois. After trial, a jury awarded $196,000.00 to Struebin's estate, reduced to $57,070.59 because of Struebin's own negligence and the amount paid by the State of Iowa in settlement. The jury awarded Potter's estate $212,000.00 and reduced the amount to $61,729.41 for the same reasons. Claimants thereafter sought to garnish funds owed by Caterpillar Corporation to Illinois representing funds withheld for Illinois taxes. Respondent urges that these actions which were filed April 18, 1986, should be dismissed because they are untimely and because of failure to give notice of the intent to commence wrongful death actions. If these actions are wrongful death actions, the Respondent is correct. We do not believe that these actions are wrongful death actions. They do not seek to litigate the issue of wrongful death, but seek to collect monies alleged to be owed by virtue of the judgment of the Iowa district court. This finding, however, does not end our inquiry. Section 9 of the Court of Claims Act (Ill. Rev. Stat. 1985, ch. 37, par. 439.22) provides that

"Every claim cognizable by the Court and not otherwise sooner barred by law shall be forever barred from prosecution therein unless it is filed with the Clerk of the Court within the time set forth as follows:

0 0 0

(f) All other claims must be filed within 2 years after it first accrues. . . ."

The complaints filed by Claimants each states in paragraph 2 as follows:

"2. This cause of action arises from the findings, conclusions, and judgments rendered against the State of Illinois in the Iowa District Court for Scott County on October 27,1983 in Law No. 62716."

199 Claimants' complaints, in paragraph 4, allege that they had execution issue in order to collect the judgments. The Iowa Supreme Court, on March 19, 1986, affirmed, on different grounds, the district court's granting of a "special appearance" in the garnishment proceedings. A "special appearance" in Iowa appears to be the same as a "special and limited appearance" in Illinois. In any event, Claimants now urge that Respondent has "waived its right" to assert the Illinois statute of limitations because Illinois did not assert that defense in the Iowa proceeding. Additionally, Claimants assert that their Iowa judgment is entitled to full faith and credit under the Federal Constitution. Finally, Claimants assert that these claims "did not ripen until the decision of the Iowa Supreme Court (March 19, 1986).

. . .,,

Claimants' complaints make clear that their theory was that the causes of action accrued on the date of judgment, i.e., October 27, 1983. The Iowa Supreme Court decision of March 19, 1986, was a post-judgment proceeding arising out of Claimants' attempts to garnish Illinois funds owed for Illinois taxes, and not the date the cause of action accrued. The Iowa judgment apparently was not appealed. We-need not reach the "full faith and credit" question since we do not have jurisdiction to consider this claim. The Respondent could not "waive" the defense of the statute of limitations. The Illinois Court of Claims has only the jurisdiction conferred upon it by the Illinois General Assembly. Our legislature, pursuant to the Illinois Constitution, has waived sovereignty only to the extent set forth in the Court of Claims Act. We have no authority, and would violate our oath of office, to expand the time provided in the statute of limitations.

200

Accordingly, we have no alternative but to order that these causes are dismissed, with prejudice.

(No. 86-CC-3146-Claimant awarded $45,280.23.)

AMERICAN FOUNDATION FOR THE BLIND, Claimant, 0.THE STATE OF ILLINOIS, Respondent.

Opinion filed August 5,1986.

B ROWN , HAY & STEPHENS

counsel), for Claimant.

(JOHN

P. HASSIEPEN, of

NEIL F. HARTIGAN, Attorney General (SUZANNE SCHMITZ, Assistant Attorney General, of counsel), for

Respondent.

L APSED APPRoPRIATloNs-standard procedures on lapsed appropriation claim. When the Court of Claims makes an award in the standard lapsed appropriation case, the Court of Claims makes payment with funds appropriated to the Court if the claim would have been paid out of general revenue or road funds, or, if any other fund is involved or the award is large, the award is presented to the legislature for a special appropriation. CONTRACr-COntTact services to State agenc y-stipulation-not lapsed appropriation-award granted. Based on the stipulation of the parties, an award was granted to the Claimant for services rendered to a State agency pursuant to a contract, but the standard "lapsed appropriation" procedures were not applicable, since the obligation would have been payable from a nonappropriated account, therefore no appropriation lapsed, and the State agency was ordered to take whatever steps necessary to facilitate payment of the award.

MONTANA, C.J.

This claim is before the Court following the filing of a stipulation by the Respondent agreeing to an award in the full amount sought. On May 12, 1986, the Claimant brought this claim seeking $45,280.23 for services rendered pursuant to a contract with the Respondent's Department of Rehabil-

201

itation Services (DORS). In its standard "lapsed appropriation" form complaint, the Claimant alleged that it demanded payment from DORS but that said demand was refused on the grounds that the funds appropriated for the payment had lapsed. Attached to the complaint was a copy of the contract. Also attached was a letter from DORS' supervisor of accounting, dated April 3, 1986, to the Claimant containing the following explanation as to why the Respondent could not make the payment:

"The attached invoice-vouchers, totaling $45,280.23, were not processed prior to the close of the fiscal year in which the commitment/obligation occurred. The appropriation for that fiscal year has lapsed; and in order to obtain payment for services rendered, it will be necessary for you to file a claim with the Court of Claims."

On June 11,1986, the Respondent filed a stipulation stating that this was a lapsed appropriation claim and agreeing to the entry of an award based on the attached claim report compiled by DORS. The report, authorized by the same person who wrote the aforementioned letter to the Claimant, does indicate Claimant is entitled to be paid. In the usual case involving lapsed appropriations, when an award is entered, the Court of Claims makes the payment. This is done in one of two ways. First, if the claim would have been paid, but for the lapsing of the funds, with either general revenue money or road funds and depending on the size of the award, the Court pays the award with funds appropriated to the Court for that purpose. Alternatively, if any other fund is involved or the award is large, the Court presents the award to the legislature. A bill is then passed, enacted into law upon signature by the Governor, and money is appropriated to the Court for the funds from which the claim should be paid. Upon receiving this special appropriation the

202

Court pays the award. This approach is proper from a fiscal and accounting perspective because it ensures that obligations are attributed to the fund from which they would have been paid. However, we are unable to follow either of those procedures outlined above in this instance. The DORS' report, (as opposed to the letter) which pursuant to Rule 14 of the Rules of the Court of Claims is prima facie evidence of the facts contained therein, indicates that obligation in the case at bar would have been payable from a nonappropriated account. Therefore no appropriation lapsed. Because appropriated funds are not involved, the Court is unable to make the payment on the agreed award. The record is silent as to why DORS cannot make payment.

For the above reasons, we hereby enter a judgment

in favor of the Claimant in the amount of $45,280.23, said judgment is to be paid from account number 83148801-1900-00-99, and DORS is ordered to take whatever steps 'as are necessary to facilitate payment of this award.

(No. 87-CC-0220-Claimant awarded $60.00.)

W ILLIAM WOODWARD, Claimant, 0. THE STATE OF ILLINOIS, DEPARTMENT OF CORRECTIONS, Respondent.

Order filed April 20,1987.

RICHARD J. HABIGER, for Claimant.

NEIL F. HARTIGAN, Attorney General (SUZANNE SCHMITZ, Assistant Attorney General, of counsel), for Respondent.

203

PRISONERS D INMATEs-money stolen from Claimant by inmateAN award granted. Where an inmate of a correctional center stole money from the Claimant and the money was recovered and held by the correctional center, the Claimant was granted an award in the amount of the money stolen, since the record established that the State admitted holding the money which belonged to Claimant, and there were no genuine issues of fact which would require an evidentiary hearing or preclude the entry of judgment as a matter of law in favor of Claimant.

RAUCCI, J. This matter came to be heard on Claimant's verified petition, Respondent's answer, and Claimant's motion for judgment on the pleadings. The Court having read the pleadings and Respondent's admissions, and being fully advised in the premises, finds the following facts:

1. Claimant, William Woodward, is an employee of the U.S. Forestry Service and is the victim of a crime that occurred more than two years ago.

2. Three twenty ($20.00) dollar bills [i.e., $60.001 were stolen from Mr. Woodward by Richard Carter, a prisoner at the Southern Illinois Community Correctional Center, more commonly called the "House of Glass," a correctional facility operated by the Respondent.

3. Law enforcement authorities, the sheriff of Jackson County and local correctional officials, immediately investigated and found the money stolen from Mr. Woodward in the possession of Mr. Carter.

4. Thereafter, no criminal prosecution was initiated for the theft of Mr. Woodward's money, but Mr. Carter was returned to maximum security at Menard Correction Center for violation of the disciplinary rules of the Department of Corrections.

204 5. The three $20.00 bills [ie.,$60.001 stolen from Mr. Woodward and found in the possession of Mr.

Carter were confiscated by correctional officials and deposited in a "locally held fund" in the possession and control of local correctional officials at the "House of Glass." [The fund is commonly referred to as a "resident benefit fund."1

6. Thereafter, Mr. Woodward persistently endeavored to have his money returned to him but all efforts were rebuffed by departmental officials.

7. Upon written and telephonic inquiry by his

counsel, Claimant was informed that the department would not return his $60.00 to him without an adjudication by the Court. The answer filed on behalf of the Respondent, the Department of Corrections, admits Respondent's liability to Claimant in the amount of $60.00, as prayed for by Claimant. Based on the facts found and Respondent's admission of liability, the Court concludes that no genuine issue of material fact exists which would require an evidentiary hearing and that judgment in the amount of $60.00 should be entered as a matter of law in favor of Claimant . It is therefore ordered that Claimant, William Woodward, be and hereby is awarded the sum of sixty ($60.00) dollars.

205

(No. 87-CC-3576-Claimant awarded $25,000.00.)

CITIZENS

FOR A

BEITER E NVIRONMENT, Claimant, v . T HE S TATE OF ILLINOIS, Respondent.

Opinion filed June 22,1987.

ROBERT J. JONES, JR., for Claimant.

NEIL F. HARTIGAN, Attorney General (ROBERT J. SKLAMBERG, Assistant Attorney General, of counsel), for Respondent.

STIPULATIONS-COUT~ order f o r payment of attorney fees in action against Pollution Control Board-stipulation award granted. Where the

Claimant brought an action against the Illinois Pollution Control Board and obtained an award of attorney fees against the Board, the Court of Claims, based on the stipulation of the parties, granted an award in satisfaction of the court order for the payment of the attorney fees.

MONTANA, C.J. This cause coming before the Court on the parties' joint stipulation and the Court being fully advised in the premises, the Court finds as follows: On October 23, 1986, Respondent, Illinois Pollution Control Board, adopted emergency rules to guide the implementation of section 39(h) of the Environmental Protection Act ("Act") (Ill. Rev. Stat., ch. lllf4, par. 1039(h)), governing the land disposal of hazardous wastes, which was to take effect on January 1, 1987. On October 31, 1986, Citizens For A Better Environment (CBE) filed a petition for review in the Illinois appellate court, first judicial district, alleging that the Board exceeded its statutory authority in adopting those emergency rules and seeking an order vacating the rules. On January 26, 1987, following expedited briefing and oral argument, the appellate court issued a memorandum opinion and order holding that the Board

206 had exceeded its authority and vacating the emergency rules. (Citizens for a Better Environment v. Pollution Control Board (1987), -111. App. 3d-, 504 N.E.2d 166.) On April 9, 1987, the appellate court issued an order under section 14.1 of the Illinois Administrative Procedure Act (Ill. Rev. Stat., ch. 127, par. 1014.l(b)) directing the Board "to pay to Citizens For a Better Environment its reasonable attorneys fees and costs incurred in this case in the amount of $W,OOO," thereby approving a settlement agreement entered into by CBE and the Board. The Board has made no payment to CBE and asserts it is unable to do so from its current budget. CBE filed this claim to obtain payment in accordance with the appellate court's order. The parties to this action have stipulated that CBE is entitled to such payment and the entry of a $25,000 award by this Court. Like the Illinois Pollution Control Board, this Court has no ability to pay this obligation. Basically, it would have this Court seek the appropriation to pay the judgment rather than doing so itself. Because we agree that the money is owed, we will enter the award. It is therefore ordered that Claimant, Citizens for a Better Environment, be and hereby is awarded $25,000 in satisfaction of the April 9,1987, order of the appellate court, first judicial district.

LAW ENFORCEMENT OFFICERS, CIVIL DEFENSE WORKERS, CIVIL AIR PATROL MEMBERS, PARAMEDICS, AND FIREMEN COMPENSATION ACT OPINIONS NOT PUBLISHED IN FULL FY 1987

Where a claim for compensation filed pursuant to the Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics and Firemen Compensation Act (Ill. Rev. Stat., ch. 48, par. 281 et seq.), within one year of the date of death of a person covered by said Act, is made and it is determined by investigation of the Attorney General of Illinois as affirmed by the Court of Claims, or by the Court of Claims following a hearing, that a person covered by the Act was killed in the line of duty, compensation in the amount of $20,000.00 or $50,000.00 if such death occurred on or after July 1, 1983, shall be paid to the designated beneficiary of said person or, if none was designated or surviving, then to such relative(s) as set forth in the Act.

86-CC-2741 86-CC-3080 87-CC-0245 87-CC-0316 87-CC-0441 87-CC-0458 87-CC-0511 87-CC-0701 87-CC-2558 Ridges, Sharon Marie Clark, Erika Jezuit, Helen Osborn, Yvonna L. Washington, Lucy Y. Liesz, Elizabeth M. Davenport, Evelyn R . Brunkella, Carol Harris, Christina $50,000.00 50,000.00 50,000.00 ' 50,000.00 50,000.00 50,000.00 50,000.00 50,000.00 50,000.00

207

CASES IN WHICH ORDERS OF AWARDS WERE ENTERED WITHOUT OPINIONS FY 1987

5895 77-CC-0967 Corbett, J. M., Co. $ Brighton Building Maintenance Co., Krug Excavating Co. & Western Asphalt Paving co. Zackai, Nahum Harbin, Alice Pickrell, Mildred H. & Sally, Patricia A. Carse, Victoria J. All American Decorating Services, Inc. Best, Bernard T. Cox, Marlene, d/b/a AAA Construction Best, Bernard T. First National Bank of Blue Island, as Trustee of Trust Agreement dated 10-27-39, and known as Trust No. 536 Prazak, Dolores; Adm'rx of the Estate of John McNeil, Dec'd Lowder, Robert J. & Butler, Beth R. Hodyl, Edward Davis, Othie L. Jennette, George Bloom, Joseph C. Walker, Shelton Dethrow, Robert T., & Country Mutual Insurance Co. Cooper, Edward Gault, Sandra L. Abella, Martin, Jr. Novak, Edward, & Seville Drugs Meador, Gary L. Halleman, Roland Britton, Kelly Ann; a minor Temmen, Pamela Currie, Jeff Chew, Anthony Young, Michael J. 31,005.85

78-CC-1049 79-CC-0707 80-CC-2179 81-CC-2464 82-CC-0080 82-CC-1676 83-CC-0730 83-CC-0785 83-CC-2199

100,o0O.00 30,000.00 35,000.00 3,937.50 100,000.00 6,500.00 1,000.00 69,228.58 1,500.00

5,000.00 600.00 28,500.00 20,000.00

83-CC-2768 84-CC-0612 84-CC-1331 &I-CC1727 84-CC-2915 84-cc-3045 85-cc-0224 85-CC-0321 85-CC-0327 85-CC-0478 85-CC-0515 85-CC-0763 85-CC-0977 85-CC- 1284 85-CC-1341 85-CC-2438 86-CC-0157 86-CC-0235 86-CC-0251

15,000.00

9,300.00 1,200.00 500.00 445.13 250.00 1,100.00 2,500.00 9,600.00 600.00 500.00 1,500.00 5,228.70 100.00 3,000.00 500.00

208

209

86-CC-0344 86-CC-0459 86-CC-0463 86-CC -0747 86-CC-0780 86-CC-1741 86-CC-1746 86-CC-2045 86-CC-2745 86-CC-2806 86-CC-2908 86-CC-2981 86-CC-3057 86-CC-3105 87-CC-0037 87-CC-0052 87-CC-0 129 87-CC-0230 87-CC-0363 87-CC-0913 87-CC-0995 87-CC-1164 87-CC-1165 87-CC-1191 87-CC-1419 23,067.50 Murphy, Charles G. 900.00 Lewis, Tommy, Jr. 985.22 American Family Insurance 1,281.80 Rowland, Steve S. 524.00 Melton, Pat 328.68 Berg, Roger 81.00 Berge, William C. 30,000.00 Richardson, Flora D. 104.00 Malone, Cathy Ann 4,484.83 Meyers, Edward J., Co. 722.98 Curlovic, William 200.00 Brown, Douglas W. Harris, Rodney L. & Firth, Renata G.; Ex'r.of 30,000.00 the Estate of Delmar B. Harris 8,500.00 Keith, Pamela S. 2,500.00 Cole Chevrolet, Inc. 340.39 Hoyle, Harold 988.61 Kerwin, Daniel J. 614.81 Piat, Janet Krupp 250.00 Brown, John Wesley 349.92 Rincker, Ruth 278.87 Brown, Robert D., Sr. 49.99 Leathers, Laverne 49.99 Vaughan, Wanda J. 6,450.00 Schneider, Robert C. & Scott, Gregory Mastroianni, Retta & Long, Roxanne; CoAdm. of the Estate of Betty Mastroianni, 9,500.00 deceased. 317.00 Illini Welding Supplies, Inc. 227.71 Durbin, Kenneth 1,162.20 Kellner, M. J., Co. 4,015.00 Randolph County 125.00 Lowe, Billy E. 16,035.00 Sexton. Darrel

87-CC-1421 87-CC-1437 87-CC-1474 87-CC-2809 87-CC-3316 87-CC-3468

CASES IN WHICH ORDERS OF DISMISSAL WERE ENTERED WITHOUT OPINIONS FY 1987

77-CC-1574 77-cc-2539 78-CC-0940 78-CC-0941 78-CC-0943 78-CC-0944 78-CC-0945 78-CC-1608 78-CC- 1757 79-CC-0302 79-CC-0303 79-CC-0813 80-CC-0230 80-CC-1196 80-CC-1851 81-CC-0063 81-CC-0073 81-CC-0076 81-CC-0161 81-CC-0168 81-CC-0199 81-CC-0208 81-CC-0209 81-CC-0212 81-CC-0218 81-CC-0220 81-CC-0252 81-CC-0321 81-CC-0351 81-CC-0466 81-CC-0474 81-CC-0476 Lincoln Manor, North Lujano, Arturo; Josefina Lujano, Cesar Lujano, Minors by their Father & Next Friend Edwards, Lillian Houghland, Lena Wimpy, Fern Koontz, Gary Hails, Mable Satoloe, Joan W. United National Bank of Sioux Falls, South Dakota Schneider, Jalene Schneider, Jalene Austin, Reginald Seppi, Joseph F. d/b/a The Lincoln Home Lawless, Lawrence Arkin, Jerome; Administrator of the Estate of Deborah Arkin, Deceased Teverbaugh, George E., Sr. Leven, Henry Grimsley, Warren Dennis, Dinah D. Stephens, Paul L. Crawford, Mildred Beckman, Donald Bales, Pamela; Administratrix of the Estate of Lawrence F. Minikin, Deceased Nelson, Edwin W. Noeth, Louise Ann Ranney, Byron J. Kelly, James L. Triggs, Patricia Kelly Cummings, Mark R. Smith, Morris, Jr. McCall, David Wilson, William

210

211

81-CC-0523 81-CC-0580 81-CC-0783 81-CC-1040 81-CC-1231 81-CC-1852 81-CC-2077 81-CC-2152 81-CC-2308 81-CC-2355 81-CC-2626 81-CC-2630 81-CC-2631 81-CC-2632 81-CC-2801 81-CC-2849 81-CC-2874 81-CC-2879 81-CC-2884 81-CC-2885 82-CC-0606 82-CC-1261 82-CC-1262 82-CC-1264 82-CC-1510 82-CC-1531 82-CC-1532 82-CC-1591 82-CC-1592 82-CC-1593 82-CC-1594 82-CC-1595 82-CC-1611 82-CC-1788 82-CC-1794 82-CC-1911 82-CC-1916 82-CC-1917 82-CC-1923 82-CC-1928 Conlin, Delorris Seppi, Joseph F. d/b/a The Lincoln Home Isberner, Lori Anne Cooney, Dorothy F., M.D. Wilson, Charles W. Stock, Carl Over, Henry A., Jr. West Harvey-Dixmoor Schools Lyons, Phillip Parks, Catherine Christian, Edward Flagg, Carl Avendorph, Fred Cardamone, Michael Quinn, Frederick, Construction C O. Cobb, Joseph D. Stuckey, James A. Walls, Raymond E. Judd, Clifton D., Jr. Ferris, Stanley Pilgrim Child Development Day Care Institute McGee, Denise Smith, Rupert Tripp, Paula J. Countryman, Margaret L.; as Executor of the Estate of Richard Countryman, Deceased Sibley, Debra McMaster, Sylvia Voght, Frank M. Jaskowiak, Minaflor Y. Chalem, Shirley F. Franklin, Mary E. Doligala, Dennis T. Mendelsohn, Melvin E. Anchor Office Supply Co. Clinch, Mary E. Marsden, Rita C. Glusak, Mary L. Gayden, Albert Conrin, James Thorpe, Mable L.

212

82-CC-1969 82-C C-1979 82-CC-1981 82-CC- 1984 82-CC-1988 82-CC-2029 82-CC-2046 82-CC-2091 82-CC-2179 82-CC-2184 82-CC-2238 82-CC-2239 82-CC-2423 82-CC-2513 82-CC-2518 82-CC-2553 82-CC-2560 83-CC-0010 83-CC-0084 83-CC-0194 83-CC-0195 83-CC-0337 83-CC-0433 83-CC-0489 83-CC-0517 83-CC-0520 83-CC-0642 83-CC-0815 83-CC-0909 83-CC-0996 83-CC-1047 83-CC-1053 83-CC-1085 83-CC-1147 83-CC-1167 83-CC-1168 83-CC- 1169 83-CC-1170 Sullivan, Edward J. Frank, Sheila Frances Tedeski, John R. Vogt, Jo-Anne State Farm as Subrogee of Wanda Albright Uchida, Tadashi Snyder, Lori M. Benson, Moses Synwolt, Henry F. Kearney, Mildred R. Johnson, Susie Dugar, Barbara J. Welch, James; A Minor, by the First Nat'l Bank of Elgin & Maywood, etc. Debes, Charles N. d/b/a Alma Nelson Manor & Rockford Convalescent Center Rushing, Judy, et al. Uphaus, Bruce R. McConnell, Wanda J. Snyder, Gene T. Frank, Gary Correa, Shirley; as Natural Mother & Guardian of Baby Boy Correa, Deceased Correa, Shirley Lenger, Diane M. Paschen Contractors, Inc. Jodlowski, Alice Henderson, Idella Hoffman, Patricia L. Cummings, Macie L. Knoles, Thelma J. Becker, Ronald L. Pure Hotels, Inc. Hurrelbrink, Joann Patel, Harry a/k/a Haribahai Patel Watkins, Darryle Capelle, Kathy Shorter, Romade Herron, Maurice Haine, William R. Haine, William R.

213

83-CC-1235 83-CC- 1270 83-CC - 1467 83-CC-1485 83-CC-1509 83-CC-1800 83-CC-1839 83-CC-1946 83-CC-2014 83-CC-2042 83-CC-2223 83-CC-2248 83-CC12304 83-CC-2360 83-CC-2361 83-CC-2362 83-CC-2364 83-CC-2365 83-CC-2366 83-CC-2367 83-CC-2368 83-CC-2369 83-CC-2370 83-CC-2601 83-CC-2623 83-C C -26% 83-CC-2625 83-CC-2626 83-CC-2627 83-CC-2628 83-CC-2629 83-CC-2630 83-CC-2631 83-CC-2632 83-CC-2634 84-CC-0001 84-CC-0115 Silkey, Nancy L. Guy, Casandra Leanne; a Minor by Margie Guy, her Mother & Natural Guardian Manock, James W. Faith, Vicki L.; Administratrix of the Estate of Joseph E. Faith, Deceased American Druggists' Insurance Co., The Mitchell, Mary; Special Administratrix of the Estate of Marta Mitchell, Deceased Evans, Yvonne Firemen's Insurance Co. of Newark, New Jersey, as Subrogee of Michael A. Landis Patton, Greg E. Bosie, Kenneth W. National Service Lines, Inc. of New Jersey Oceguera, Leone1 S. & Fina McCoy, Karen M. Rosato, Jean Ferguson, Deborah Engelking, Julie Chiodo, Catherine Bartelt, Dorothy Abbinante, Caroline J. Forsberg, Tracy Skach, Laura M. LaMantia, Barbara Schiestel, Janet Amedeo, Evelyn L. Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Hardin, Glen Renken, James R. Taylor, Raymond

214

84-CC-0163 84-cc-0234 84-cc-0235 84-CC-0236 84-CC-0237 84-cc-0238 84-CC-0245 84-cc-0252 84-CC-0253 84-cc-0340 84-CC-0363 84-CC-0380 84-CC-0432 84-CC-0454 84-CC-0460 84-CC-0461 84-CC-0464 84-CC-0537 84-CC-0546 84-CC-0614 84-0615 84-CC-0753 84-CC-0808 84-CC-1051 84-CC-1131 84-cc-1144 84-CC-1146 84-CC-1149 84-CC-1159 84-CC-1175 84-cc-1184 84-cc-1201 84-cc-1282 84-CC-1346 84-cc-1369 84-CC-1373 84-CC-1386 84-CC-1394 84-CC-1474 Buchanan, Michael Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Wang Laboratories, Inc. Wang Laboratories, Inc. Wang Laboratories, Inc. Selph, Amy Lynn; a Minor by Donald R. Selph, Father & Next Friend Jaworsky, Michael Cannata, Susan; Executor of the Estate of Bennie Cannata, Deceased Stover, Robert Clark, Jake, Jacqueline & Leslie State Farm Insurance Co., as Subrogee of Joseph Hock Vansant, Patricia A. Williams, Ronald Gilroy, John W. & Andrea Wolter , Jean Boyd, Elaine, Creche

Boyd, Elaine, Creche

Lolley, Larry Myers, Thomas, M.D. Victory Memorial Hospital Hubbard, Delores Williams, Roger E. Velez, Gladys Ulm, Jacqueline J. Bernard, John W. Crosby, Elsie Massie, Fred; Guardian of Mane Halstead Mercy Center Hall, Kevin Martin, Herbert State Employees' Retirement System State Employees' Retirement System Fontana, Joseph Griggs, David Ramudamu, Chandra

215

84-CC-1486 84-CC-1487 84-CC-1550 84-CC-1717 84-CC-1859 84-CC-1860 84-CC-1861 84-CC-1862 84-CC-1863 84-cc-1864 84-CC-1865 84-CC-1866 84-CC-1867 84-CC-1868 84-CC-1869 84-CC-1870 84-CC-1871 84-CC-1872 84-CC-1873 84-CC-1874 84-CC-1875 84-CC-1876 84-CC-1877 84-CC-1878 84-CC-1879 84-cc-1880 84-CC-1881 84-CC-1882 84-cc-1944 84-CC-1946 84-cc-1988 84-cc-1989 84-CC-2029 84-CC-2080 84-CC-2091 84-CC-2138 84-CC-2196 84-CC-2218 84-cc-2222 84-cc-2228 84-cc-2230 Chipman, Denise Hott, Eileen Bobek, Mary Ann Moore, Nancy Jane Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Dye, Beverly A. Walker, Carol R. Ashton, Julie Arthur, Velma Hilton, Robert Lawry, Roy C. Krysztopa, Slawomir Seigert, Donald R. Nelson, Dada S. Young, Anna P. Andrews, Jesse, et al. Mercy Center for Health Care Services Peterson, Kay

216

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84-CC-2940

84-CC-2944 84-CC-2945 84-CC-2947 84-CC-2948 84-CC-2949 84-CC-2951 84-CC-2952 84-CC-2953 84-CC-2954 84-CC-2955 84-CC-2956 84-CC-2957 84-CC-2958 84-CC-2959 84-CC-2960 84-CC-2961 84-CC-2962 84-CC-2963 84-CC-2964 84-CC-2965 84-CC-2966 84-CC-2967

Fischer, Lynn Miller, Beverly Kempa, Walter F.; Adm. of the Estate of Grace P. Kempa a/k/a Patricia Kemp, Deceased Laurel Bone & Joint Clinic Livingston, Brad & Livingston, Deborah Pabon, Maria E. Silva, Alberto, M.D. Lynch, Guy Boyd, Calvin Kirkilas, Maria L. Benoit, Donna S. Collins, Cynthia K. Nelson, Debra Burkhardt, Fern Denaple, Mary L. Kinkade, Eileen Campbell, Beverly Muzzarelli, Dorothy Williamson, Mary Anderson, Lynn Denker, Donna J. Cramer, Kathleen A. McCormick, Helen L. Collins, Cynthia Walter, Gail Starks, Barbara Bellinger, Poppy Rinehart, Jane Domagala, Dorothy Lavicka, Judith Duffee, Donna Kinkade, Eileen Burkhardt, Fern Petry, Avon A. Dolan, Lavelle M. McCormick, Helen Campbell, Bev Zappa, Mary Rinehart, Jane Krug, Margaret

217

84-CC-2968 84-CC-2969 84-CC-2970 84-CC-2971 84-CC-2972 84-CC-2974 84-CC-2975 84-CC-2979 84-CC-2996 84-CC-3061 84-CC-3174 84-CC-3185 84-CC-3209 84-CC-3216 84-CC-3349 84-CC-3459 84-CC-3460 84-CC-3461 84-CC-3462 84-CC-3463 84-CC-3464 84-CC-3465 84-CC-3466 84-CC-3467 84-CC-3468 84-CC-3593 84-CC-3596 84-CC-3597 84-CC-3598 84-CC-3599 84-CC-3600 84-CC-3601 84-CC-3621 84-CC-3622 85-CC-0031 85-CC-0077 85-CC-0078 85-CC-0112 85-CC-0113 85-CC-0114 Coughlin, Pamela J. Nelson, Debra L. Watters, Velda Ayers, Sandra Gannaway, Martha Landers, Patricia Walter, Gail Hilti, Annabelle Zawislak, Robyn M.; by Mildred L. Zawislak & James J. Zawislak; etc. Mehrotra, Debbra L. Zayas, Esperanza Children's Memorial Hospital Riley, Gloria Hawkins, Amelia E. Harrington, Debra Holz, Kenneth A., D.D.S. Holz, Kenneth A., D.D.S. Holz, Kenneth A., D.D.S. Holz, Kenneth A., D.D.S. Holz, Kenneth A,, D.D.S. Holz, Kenneth A., D.D.S. Holz, Kenneth A., D.D.S. Holz, Kenneth A., D.D.S. Holz, Kenneth A., D.D.S. Holz, Kenneth A., D.D.S. St. Mary of Nazareth Hospital Edwards, James Gaines, Steve Mitchell, Curtis Jamison, Daniel Williams, Gerald Spicer, Edward Illinois Health Care Assoc. & Snyder's Vaughan Haven Carbonaro Construction Co. Groves, S. J., & Sons, Co. Commonwealth Edison Co. Bunton, Clarice M. Watters, Velda Dolan, LaVelle Muzzarelli, Dorothy

~

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218

85-CC-0115 85-CC-0116 85-CC-0117 85-CC-0118 85-cc-0119 85-CC-0120 85-CC-0122 85-CC-0123 85-CC-0125 85-CC-0126 85-cc-0134 85-CC-0191 85-CC-0400 85-CC-0411 85-CC-0419 85-CC-0456

85-cc-0474

85-CC-0548 85-CC-0562 85-CC-0602 85-CC-0612 85-CC-0613 85-CC-0621 85-CC-0663 85-cc-0684 85-CC-0698 85-CC-0727 85-CC-0728 85-CC-0771 85-CC-0792 85-CC-0795 85-CC-0797 85-CC-0864 85-CC-0866 85-CC-0871 85-CC-0875 85-CC-1048 85-cc-1060

Coughlin, Pamela Anderson, Lynn Bayston, Esther Gannaway, Martha Krischel, Delores Williamson, Mary Petry, A V Q ~ Franatz, Evonne Melrose, Armade Atchison, Pamela Mercy Hospital Runnfeldt, John T. Rice, Presley D.; Ind. & as Adm. of the Estate of Beverly J. Rice, Deceased Bell, Regina; Mother & Next Friend of Minor Alfred Huff Mercy Center for Health Care Services Mercy Hospital Zortman, John Mercy Hospital Robinson, Alphonso White, Agnes G. Roberts, Dorothy J. Williams, Clyde G. and Weathers, Leon W. Taylor, Bernard Napier, Carol L. Sundeen, Timothy A. Chicago, University of, Medical Center Schust, Cynthia Ann Hawk, Elizabeth W. White, Nettie Buehler, Rance V. & Jennifer S. Figueroa, Yvonne N. Cooks, Ernestine Requarth, Margaret Jane Weaver, Kimberly N.; by & through her Guardian Ad Litem, Lome Weaver Polinski, Elizabeth Roseland Community Hospital Rieckenberg, Anita J. Baugh, Diane

219

85-CC-1071 85-CC-1078 85-CC-1095 85-CC-1113 85-cc-1119 85-CC-1139 85-CC-1196 85-cc-1210 85-CC-1236 85-CC-1257 85-CC-1297 85-CC-1362 85-CC-1386 85-CC-1424 85-CC-1433 85-CC-1475 85-CC-1476 85-CC-1477 85-CC-1516 85-CC-1531 85-CC-1537 85-CC-1630 85-CC-1674 85-CC-1690 85-CC-1698 85-CC-1699 85-CC-1731 85-CC-1760 85-CC-1761 85-CC-1762 85-CC-1764 85-CC-1765 85-CC-1767 85-CC-1768 85-CC-1769 85-CC-1787 85-CC-1791 85-CC-1813 85-CC-1816 85-CC-1817 Maddox, Hubert E. Kilburn, Lila G. Crisp, William M. Hays, Junior E. Wilson, Ila Mae Dixon, Sarah Akins, Beverly J. Anderson, Fannie M. Johnson, Milton R. Holy Cross Hospital Harrell, James E. Childress, Tony Lopez, Luz Murdent, Norman W. Cook, County of Turner, Mary Jaggers, Ruth McMillan, Michalene Figolah, Raymond W. Behrens, Sheila Constance, Barbara Lou Howe, Leaffie P., Estate of Myra Doris Howe Xerox Corp. Merrell, Garland Washington, Wayman Abbott, Donald J.; Administrator of the Estate of Susan M. Abbott, Deceased Airco Welding Supply Ring, Patsy Ferree, Dorothy M. Young, Roberta Sue Ramsey, Norma J. Stone, Joy C. Braley, Thelma Eileen Cambron, Ruth New, Toby L. Temple School of Medicine Pediatric Practice Plan Wallace, Brenda Schleich, Marsha Children's Memorial Hospital Blake, Kent T.

220

85-CC-1835 85-CC-1882 85-CC-1909 85-CC-1912 85-CC-1921 85-CC-2026 85-CC-2027 85-CC-2028 85-CC-2084 85-CC-2103 85-CC-2104 85-CC-2105 85-CC-2106 85-CC-2107 85-CC-2112 85-CC-2118 85-CC-2135 85-CC-2136 85-CC-2160 85-CC-2230 85-CC-2247 85-CC-2263 85-CC-2289 85-CC-2303 85-CC-2328 85-CC-2358 85-CC-2372 85-CC-2385 85-CC-2386 85-CC-2387 85-CC-2388 85-CC-2399 85-CC-2443 85-CC-2446 85-CC-2472 85-cc-2473 85-CC-2545 85-CC-2558 85-CC-2580 85-CC-2679 85-CC-2686 Gibbs, Charlene Curtis, Taylora Mercy Hospital Williams, Willie Wang Laboratories, Inc. LaTourelle, Nancy F. Hopkins, Kelly D. Kane, Dianne K. Meyer, Mark Leake, Paul D. Haley, Pauline J. Rawlings, Linda Vose McCoy, James R. Lewis, Virginia Hall, Mark E. Drennan, Patricia Bierman, John Brunkhorst, Mary Stefanovich, Anna Davis, Bruce J. Crevoisier, Aaron R. Starling, Kathy Robinson, Anthony E. State Employees' Retirement System Dorsey, Arthur White, Valerie Jean Jones, Walter Amir, Jr. Byrne, Robert Sanders, Teresa Hoff, Sherri Hickman, Julia Pegues, Walter Carpentier, Jeffery Anderson, Kevin M. Bundren, James E. Guyton, Penny A. Hines, Janet L. Hall, Christopher, et al. O'Connell-Kumar, Carolyn R. B. Rebuilders, Inc. Friedman, Richard

221

85-CC-2689 85-CC-2725 85-CC-2738 85-CC-2765 85-CC-2789 85-CC-2869 85-CC-2895 85-CC-2907 85-CC-2920 85-CC-2933 85-CC-2938 85-CC-2950 85-CC-2966 85-CC-2967 85-CC-2978 85-CC-2998 85-CC-3022 85-CC-3045 85-CC-3097 85-CC-3098 85-C C-3099 85-CC-3100 85-CC-3104 85-CC-3105 85-CC-3109 86-CC-0030 86-CC-0055 86-CC-0068 86-CC-0069 86-CC-0103 86-CC-0107 86-CC-0114 86-CC-0155 86-CC-0224 86-CC-0287 86-CC-0295 86-CC-0304 86-CC-0341 86-CC-0345 86-CC-0346 86-CC-0347 Illinois Teachers' Retirement System Rush-Presbyterian St. Luke's Medical Center Treister Orthopaedic Services Illinois, University of Sommerville, Willie J. Grammer, Janelle M. Walker, Vicki J. Truscello, Michael Barker, Linda Jensen, Tamela Terrell, Audrey McRill, Susan I. Elliott, Sandra Lowey, Irene Hale, Gwenn Wiley, Rosie B. Roberson, Bobby J. & Kristy; et al. Stephenson, Karen Xerox Corp. Xerox Corp. Xerox Corp. Xerox Corp. Xerox Corp. Xerox Corp. Xerox Corp. Osborne, Josephine Riverway Co. Hart, Carolyn M. Carter, John Coates, Charles, Jr. Shraga, Hannah Zurich-American Insurance, Subrogee of Judy Porretta Franciscan Sisters Health Care Corp. McMahill, Veronica E. Pimental, Patricia Krealoff, Ada Reese, Michael, Physicians & Surgeons Illinois National Bank Lemons, Gary D. McGee, Norma Burke, Helen L.

222

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86-CC-0500

86-CC-0501 86-CC-0502 86-CC-0503 86-CC-0507 86-CC-0509 86-CC-0516 86-CC-0522 86-CC-0535 86-CC-0536 86-CC-0583 86-CC-0593 86-CC-0606 86-CC-0616 86-CC-0644 86-CC-0665 86-CC-0683 86-CC-0686 86-CC-0687 86-CC-0693 86-CC-0712 86-CC-0714 86-CC-0715

Johnson, Kathleen Rimini, Alan Yuskanich, Cynthia J. Allison, Tina M. Coady, Ruby Stewart, Mary E. Scott, Catherine Jacobs, Linda C. Lucas, Ricki L. Krell, Janice R. Crompton, Annamae B. Souhlas, Dean & Paula K. Souhlas f/u/o Allstate Insurance Kye, David Smith, Connie L. Sgro, Patricia J. Fontalvo, Alvaro; et al. Wolford, Mary Lounsbury, Betty Furlong, Barbara J. Peters, Lori Pratt, Penny R. Howland, Elaine Metheney, Glenda Haas, Jay D. Johnson, Lila R. Carlson, Janet R. Sandner, Jill R. Touche Ross & Co. Ekco, Inc. Loftin, Dennis Shick, Terry W. Brown, Jimi Macon County Rehabilitation Facilities Johnson, Mary K. Trover, Jane Ann Randolph & Assoc. Winkler, Mary E. Crumly, Terry L. Callahan, Nancy J. Jones, Susan E.

223

86-CC-0716 86-CC-0717 86-CC-0724 86-CC-0745 86-CC-0765 86-CC-0796 86-CC-0797 86-CC-0810 86-CC-0815 86-CC-0833 86-CC-0859 86-CC-0869 86-CC-0874 86-CC-0899 86-cc-0915 86-CC-0918 86-CC-0942 86-CC-0978 86-CC-1004 86-CC-1006 86-CC-1007 86-CC-1008 86-cc-1010 86-CC-1013 86-CC-1014 86-CC-1027 86-CC-1028 86-CC-1043 86-CC-1045 86-CC-1049 86-CC-1054 86-CC-1057 86-CC-1071 86-CC-1096 86-CC-1120 86-CC-1159 86-CC-1186 86-CC-1194 86-CC-1207 Wielgopolan, Julie A. Killelea, Nancy C. ' Long, Theodore R.; Administrator of the Estate of William R. Long, Deceased Stuttle, Carol L. Claybourn, Jean Ann Moraine Valley Community College Moraine Valley Community College Jackimiec, Rose Wall, Barbara L. Morrison, Oscar E. BroMenn Healthcare d/b/a Brokaw Hospital Englewood Hospital McGee, Brendia Petkov, Yana O'Brien, Danny L. Morres, Danny J. Tharpe, Michael Pitney Bowes St. Anne's Hospital St. Anne's Hospital St. Anne's Hospital Bickham, Jessie Reeder, Robert H., M.D. Rainbolt, James W. Wiggs, Gary D. Gustafson, Anna Cassidy, Virginia Grudis, Bonnie Visiting Nurse Assn. of Chicago Williams, Howard Seelye, Bette; Adm. of the Estate of Stephen A. Seelye, Deceased Mettille, Anthony K. Smith, Lester Stalions, Lois I. Visiting Nurse Assn. of Chicago Williams, Beverly Collins, Maureen J. Ryan, Connie E. Xerox Corp.

86-CC-1217 86-CC-1255 86-CC-1261 86-CC-1266 86-CC-1279 86-CC-1290 86-CC-1311 86-CC-1312 86-CC-1318 86-CC-1328 86-CC - 1339 86-CC-1343 86-CC- 1367 86-CC- 1379 86-CC- 1380 86-CC-1389 86-CC-1415 86-CC-1416 86-CC- 1469 86-CC-1475 86-CC-1481 86-CC-1482 86-CC-1483 86-CC-1484 86-CC-1485 86-CC-1488 86-CC-1492 86-CC-1493 86-CC-1494 86-CC-1495 86-CC-1496 86-CC-1499 86-CC-1514 86-CC-1527 86-CC-1530 86-CC-1535 86-CC-1538 86-CC-1539 86-CC-1548 86-CC-1564 86-CC-1582

Xerox Corp. Farmer's and Merchant's State Bank Heinz Construction, Inc. Clark, Robert Chicago, University of, Hospital Loyola University Medical Center McNeal, Phillip Popstein, Robert Hannah, Mary Adams, Nelson Fitts, Betty J. Ward, Paul AT&T Information Systems AT&T Information Systems AT&T Information Systems AT&T Information Systems Ebenreiter Woodworking Co. Ebenreiter Woodworking Co. Knapp, Shirley J. Gallup, Catherine Jean Wojciechowski, Jerri L. Hansen, Margaret Fagan, Colin J. Christie Clinic Gray, Elizabeth M. Crockett's Coin-Op Fleischer, Martha A. Johnston, Luella M. Ruble, Eva L. Mulhall, Margaret E. Summers, Sherry Y. St. Mary's Hospital Centre Hansen, Mark E., M.D. Edmond, Joseph Allen Rich, Mary Harre, Marjorie L. Clark, Genevieve T. Fogerty, Elizabeth Jose Enterprises Waldrop, Shirley J. Hamilton, Viola June

225

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86-CC- 1680

86-CC-1681 86-CC-1682 86-CC-1683 86-CC-1684 86-CC-1685 86-CC-1686 86-CC-1687 86-CC-1688 86-CC-1689 86-CC-1690 86-CC-1691 86-CC-1692 86-CC-1700 86-CC-1704 86-CC-1705 86-CC-1706 86-CC-1707 86-CC-1728 86-CC-1732 86-CC-1738 86-CC-1747 86-CC-1749 86-CC-1750 86-CC-1771 86-CC-1772 86-CC-1773

Finnigan Corp. Gordon, Ruby Buehring, Donald Dearth, Lucille E. Phipps, Sally F. Wink, Helen M. Yunker, Orvilleen Walters, Joyce M. Peterson, Josephine E. Mitchell, Mariann Rossi, Jacqueline M. Vlasis, Linda F. Carmean, Olga M. Brunnworth, Marilyn B. Yann, Pauline L. Wall, Alice A. Cavaletto, Kathleen M. Williams, Cheryl Anne Meils, Jeri L. Maloney, Deborah Hill, Anita Kay Szymanski, Carol E. Milkert, Bernice B. Olson, Mary E. Johnson, Patricia L. Martin, Maureen K. Markos, Jo Ann R. Bradley, Tina Utz, Thomas W. * Freese, Joann A. Parr, Patricia Calcara, Virginia Capitol Ready-Mix Baker, Jacqueline K. West, Sabrina Krohne, Carl W., Jr. Hinrichs, Rosemary Stevens, Joan M. Lackey, Carol A. Matlick, Debra K. Parr, Susan J.

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86-CC-2046

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Althoff, Agnes Ann Thiel, Sandra L.; Guardian Ad Litem for Estate of Virginia Jansen Xerox Corp. Xerox Corp. Yates, Debra Enlow, Penny Powe, Samuel L. General Electric Supply Co. Conroy, John T. Taphorn, Michelle Naylor, Amos Edwards, Bonita Davis, Elizabeth A. Churchman, Carol M. Easter, Robin M. Faxon Co., Inc. Bartos, Penny Sue Douglas, Kenneth McKean, Beatrice Pilsen-Little Village Community Mental Health Center, Inc. Pilsen-Little Village Community Mental Health Center, Inc. Pilsen-Little Village Community Mental Health Center, Inc. Pilsen-Little Village Community Mental Health Center, Inc. Pilsen-Little Village Community Mental Health Center, Inc. Pilsen-Little Village Community Mental Health Center, Inc. Pilsen-Little Village Community Mental Health Center, Inc. Pilsen-Little Village Community Mental Health Center, Inc. RA0,K. P. N., M.D. Bowerman, Jo Ann Person, Patricia Lovekamp, Susan Fisher, Timothy L.

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228

86-CC-2691 86-CC-2692 86-CC- 2693 86-CC-2694 86-CC-2695 86-CC-2696 86-CC-2698 86-CC-2718 86-CC-2735 86-CC-2740 86-CC-2749 86-CC-2784 86-CC-2792 86-CC-2814 86-CC-2824 86-CC-2838 86-CC-2840 86-CC-2849 86-CC-2893 86-CC-2898 86-CC-2899 86-CC-2900 86-CC-2901 86-CC-2906 86-CC-2910 86-CC-2914 86-CC-2920 86-CC-2953 86-CC-2958 86-CC-2959 86-CC-2960 86-CC-2982 86-CC-3000 86-CC-3003 86-CC-3004 86-CC-3007 86-CC-3021 86-CC-3076 86-CC-3100 86-CC-3113 Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Adkins, Mary E. Daniel, John Dudley, Walter Holliday, John; Shymansky, Donald & Brougher, Nancy k Ravenswood Hospital i Medical Center Wicks, Ben; Bates, Lonnie; & McClain, Timothy Fagan, Colin J. Kankakee Industrial Supply Springfield Hilton Springfield Hilton Taylor Ready-Mix Central Illinois Medicare Visionquest National Visionquest National Visionquest National Visionquest National Global Computer Supplies Coupland, Robert Graham, Ray, Assn. Diviak, John & Kathleen Chicago College of Osteopathic Medicine Johnson, Clinton; Administrator of the Estate of Marlene Johnson, Deceased Fowler, James Bismarck Hotel Orthopedic Surgery Group 3M Chicago University Hospital Milligan, Nova Pearl Ramsey Lumber Co. Lee, Brenda Baber, Riaz A., M.D. Bank, Helaine Lewis University

229

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86-CC-3527

Action Office Supply Action Office Supply Mikalauskas, John Martinez, Edwin Sierra, Francisco V. Berman Moving & Storage Apke, Michael, d/b/a Pro Auto St. Joseph Hospital Federal Signal Corp. Kutty, Ahamed V. P., M.D. Utility Tower Co. Elmhurst Memorial Hospital Binstein, Harold & Janice Binstein, Janice Lake Land College De Vivo, Helen National Car Rental Black, Richard

Hoe Supply Co.

86-CC-3540 86-CC-3544 86-CC-3567 86-CC-3572 87-CC-0003 87-CC-0004 87-CC-OOO7 87-CC-0009 87-CC-0025 87-CC-0034 87-CC-0062 87-CC-0077 87-CC-0080 87-CC-0081 87-CC-0082 87-CC-0100 87-CC-0111 87-CC-0120 87-CC-0121 87-CC-0122 87-CC-0123

O'Sullivan, John Chicago, University of, Hospital Action Office Supply Action Office Supply Harrell, Howard Garman, Glenn National Fire Protection Assn. Goldman Assoc. Galassi, Sandra, for Scott Stack Crawford, Murphy & Tilly Anderson, Jeanette Law, Thomas J. and Law, Marcia L. American Family Insurance, Subrogee of Carey S. Rubenstein Morimoto, Paul K., M.D. Modem Business Systems Central States Prevost Salkeld, Mark W. Davis, William C., Jr. Davis, William C., Jr. Davis, William C., Jr. Davis, William C., Jr.

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87-CC-0397

87-CC-0415 87-CC-0436 87-CC-0443 87-CC-0454 87-CC-0457 87-CC-0461 87-CC-0465 87-CC-0503 87-CC-0528 87-CC-0577 87-CC-0592 87-CC-0597 87-CC-0598 87-CC-0630 87-CC-0668 87-CC-0670 87-CC-0682

IBM

Gelman, Andrew R. Quinn, Joan P. Resurrection Hospital Pitney Bowes White County Clerk IBM

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87-CC-0968

87-CC-0997 87-CC-1041 87-CC-1122 87-CC-1133 87-CC-1143 87-CC-1163 87-CC-1166 87-CC-1175 87-CC-1187 87-CC-1190 87-CC-1197 87-CC-1244 87-CC-1245 87-CC-1281 87-CC-1289 87-CC-1362 87-CC-1380 87-CC-1413 87-CC- 1445 87-CC-1446 87-CC- 1447 87-CC-1448 87-CC-1449 87-CC-1450 87-CC-1451

IBM Wang Labs Benton & Assoc. Pryor, Robert E. Holiday Inn Lyons, George Gholston, Bruce Clearbrook Center Lipski, Richard L. Office Store Co. Office Store Co. McGuire Reporting Service McGuire Reporting Service Dore, Roger M. Dietrich, Alan Illinois State Bar Association Tronet, Lorens P. Will, County of Fairchild, Lisa A. Haverkamp, Don L. Moore, John R. Northern Illinois Gas Co. Bark, Judith A. Siddiqui, Idris Ibrahim Gatlin, Louise; Ind. & as Mother & Next Friend of Eolando Gatlin, Minor Fulton County Case Coordination Unit Ramada Renaissance United Methodist Children's Home Stevens, Vickie L. McCorkle Court Reporters, Inc. Consolidated Rail Corp. Test, Elaine E. Brown, David L. Kellner, M. J., Co. Kellner, M. J., Co. Kellner, M. J., Co. Kellner, M. J., Co. Kellner, M. J., Co. Kellner, M. J., Co. Kellner, M. J., Co.

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87-CC-1567 87-CC-1568 87-CC-1569 87-CC-1570 87-CC-1571 87-CC-1573 87-CC-1574 87-CC-1575 87-CC-1576 87-CC-1577 87-CC-1578 87-CC-1584 87-CC-1592 87-CC-1593 87-CC-1595 87-CC-1596 87-CC-1599 87-CC-1723 87-CC-1756 87-CC-1758 87-CC-1774 87-CC-1838 87-CC-1870 87-CC-1924 87-CC-1928 87-CC-1933 87-CC-1935 87-CC-1941 87-CC-1943 87-CC-2088 87-CC-2111 87-CC-2489 87-CC-2491 87-CC-2590 87-CC-2956 87-CC-3032 87-CC-3033 87-CC-3109 Kellner, M. J., Co. Kellner, M. J., Co. . Kellner, M. J., Co. Kellner, M. J., Co. Kellner, M. J., Co. Kellner, M. J., Co. Kellner, M. J., Co. Kellner, M. J., Co. Kellner, M. J., Co. Kellner, M. J., Co. Kellner, M. J., Co. Gordon, Brenda Howard Johnson Motor Lodge Howard Johnson Motor Lodge Howard Johnson Motor Lodge Howard Johnson Motor Lodge Howard Johnson Motor Lodge Funk, LaFayette & Cleda 0. St. Elizabeth Medical Center St. Elizabeth Medical Center ' Globe Glass & Mirror Pitney Bowes Xerox Corp. Kellner, M. J., Co. Kellner, M. J., Co. Kellner, M. J., Co. Kellner, M. J., Co. Kellner, M. J., Co. Kellner, M. J., Co. Bend Orthopedic & Fracture Clinic, P.C. Rodriguez, Joseph Caso, David Kinnell, Charlene West Publishing Co. Keca, Maryann Munch Knowles Law Book Publishing Knowles Law Book Publishing Beeks, Cordia H.

CASES IN WHICH ORDERS AND OPINIONS OF DENIAL WERE ENTERED WITHOUT 0 PINIONS FY 1987

77-CC-1305 77-CC-1316 77-CC-1326 77-CC-1327 77-CC-1328 77-CC-1329 77-CC-1330 77-CC-1336 77-CC-1337 77-CC-1338 77-CC-1339 77-CC-1340 77-CC-1350 77-CC-1351 77-CC-1352 77-CC-1353 77-CC-1354 77-CC-1355 77-CC-1356 77-CC-1357 77-CC-1359 77-CC-1360 77-CC-1361 77-CC-1362 77-CC-1363 77-CC-1366 77-CC-1367 Rest Haven Manor, Inc., Nursing Home Applegate Inn, Inc. Four Fountains, Inc. Sunrise Manor, Inc. Village Inn, Inc. Nursing Home Friendship Villa, Inc., d/b/a Friendship Villa Nursing Center Quinsippi Long Term Care Facility, Inc. We Care Nursing Facilities, Inc. East View Manor Nursing Home, Inc. #2 Friendship Manor, Inc., d/b/a Galesburg Convalescent Center Nursing Home Friendship Manor, Inc., d/b/a Rock Island Convalescent Center Nursing Home Friendship Manor, Inc., d/b/a Champaign Convalescent Center Nursing Home Christian Homes, Inc., d/b/a Wabash Christian Retirement Center Christian Homes, Inc., d / b / a Pleasant Meadows Christian Village Hillhaven, Inc., d/b/a Dirksen House Healthcare Woodland, Inc. Nursing Home Crest View Nursing Home Fair Havens Christian Home, Inc. Christian Homes, Inc., d/b/a Christian Nursing Home Christian Homes, Inc., d/b/a Lamoine Christian Nursing Home Ridgway Manor Nursing Home Carlyle Healthcare Center, Inc. Zion Nursing Home Fountainhead Development Corp., d/b/a Blu Fountain Manor Nursing Home Nature Trail Home, Inc. Heritage Manor Nursing Home Washington Nursing Center, Inc.

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77-CC-1370 Brethren Home of Girard, Illinois, Inc., d/b/a Pleasant Hill Village 77-CC-1371 River Hills Nursing Home, Inc., d/b/a Americana Healthcare Center of Moline 77-CC-1372 Urbana Americana, Inc., d/b/a Americana Healthcare Center of Urbana 77-CC-1373 Macomb Americana, Inc., d/b/a Americana Healthcare Center of Macomb 77-CC-1374 Champaign Americana, Inc., d/b/a Americana Healthcare Center of Champaign 77-CC-1375 Joliet Americana, Inc., d/b/a Americana Healthcare Center of Joliet 77-CC-1377 Ninth Avenue Corp., d/b/a Americana Healthcare Center of Rochelle 77-CC-1379 Kellogg-Losey Corp., d/b/a Americana Healthcare Center of Galesburg 77-CC-1381 Bourbonnais Avenue Corp., d/b/a Americana Healthcare Center of Kankakee 77-CC-1382 Knoxville Management Corp., d/b/a Americana Healthcare Center of Peoria 77-CC-1384 Gross Point Manor, Inc. 77-CC-1385 Americana Health Care Corp., d / b / a Americana Healthcare Center of Danville 77-CC-1386 Cenco Care Corp., d/b/a Beldon Manor 77-CC-1387 Miller Rutledge Corp., d/b/a Americana Healthcare Center of Decatur 77-CC-1388 Broadway Management Corp., d / b / a Americana Healthcare Center of Normal 77-CC-1390 Litchfield Nursing Home 77-CC-1391 Staunton Health Care Center 77-CC-1392 Pana Health Care Center 77-CC-1395 Fairview Manor, Inc., Nursing Home 77-CC-1396 Colonial Manor, Inc. 77-CC- 1397 Leisure Hills of Pekin Nursing Home 77-CC-1398 Franklin Hospital Skilled Nursing Care Unit 77-CC-1399 Leisure Hills of Kewanee k 77-CC-1400 Lutheran Hospitals & Homes Society Owners i Operators 77-CC-1401 Parkview Manor, Inc., d/b/a Parkview Colonial Manor Nursing Home

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77-CC-1402 77-CC-1403 77-CC-1404 77-CC-1405 77-CC-1406 77-CC-1407 77-CC-1416 77-CC-1417 77-CC-1418 77-CC-1420 77-CC-1421 77-CC-1422 77-CC-1423 77-CC-1425 77-CC-1426 77-CC-1427 77-CC-1428 77-CC-1429 77-CC-1440 77-CC-1441 77-CC-1442 77-CC-1443 77-CC-1444 77-CC-1445 77-CC-1446 77-CC-1447 77-CC-1448 77-CC-1449 77-CC-1451 77-CC-1452 77-CC- 1453 '. WDM Management Corp. Prairie City Nursing Home, a/k/a Prairie City Nursing Center, Inc. Wallace Nursing Homes, Inc. Hillside Terrace Intermediate Nursing Facility, et al. Hancock County Nursing Home Parkhill Skilled Nursing Facility Greenwood Manor Nursing Home Freeport Manor Nursing Home Belvidere Manor Nursing Home Mattingly Health Care Center; L. E. & B. F. Mattingly, Owners Hampton Nursing Manor, Virgil A. Hampton, Owner & Administrator Country View Health Care Center Lincoln Manor, Inc. Good Samaritan Nursing Home Leisure Garden Home, Inc., d/b/a Sunset Nursing Home Leisure Garden Home, Inc., d/b/a Three Oaks Nursing Home Leisure Garden Home, Inc., d/b/a Hallmark House Nursing Home Bols, Lee, d/b/a Morris Lincoln Nursing Home Care Management, Inc., d/b/a Roosevelt SquareMarion Nursing Home Care Management, Inc., d/b/a Roosevelt SquareMurphysboro Nursing Home Decatur Manor Danville Manor City Care Center Nursing Home Clinton Manor Nursing Home Centralia Care Center Nursing Home Macomb Manor Nursing Home Herrin Realty, Inc., d/b/a Oak Park Care Center Nursing Home Continental Manor Nursing Home Highland Manor Nursing Home East Moline Manor Nursing Home East Moline Care Center Nursing Home

239

77-CC-1454 77-CC-1455 77-CC-1456 77-CC-1457 77-CC-1458 77-CC-1459 77-CC-1460 77-CC-1462 77-CC-1464 77-CC-1465 77-CC-1466 77-CC- 1467 77-CC-1468 77-CC-1469 77-CC- 1470 77-CC- 1471 77-CC-1472 77-CC-1473 77-CC-1474 77-CC-1475 77-CC-1476 77-CC-1479 77-CC-1489 77-CC-1491 77-CC-1525 77-CC-1526 77-CC-1527 77-CC-1528 77-CC-1530 77-CC-1531 77-CC-1533 77-CC-1635 77-CC-1648 77-CC-1650 Care Management, Inc., d/b/a Roosevelt SquarePrinceton Nursing Home Watseka Manor Nursing Home Briarcliff Manor Nursing Home Bloomington Manor Nursing Home Care Management, Inc., d/b/a Roosevelt Square-Silvis Nursing Home Elmwood Manor, Inc., a Nursing Home Modern Manor, Inc. Care Management, Inc., d/b/a Roosevelt SquareSpringfield Nursing Home Shelby Manor Nursing Home Sandra Memorial Nursing & Convalescent Home, Inc. Woodstock Residence, Inc. Mayfield Manor Nursing Center, Inc. Skokie Valley Terrace Nursing Center, Inc. Skokie Valley Manor, Inc. Northwestern Nursing Center, Inc. Pembridge House, Lnc. Regent Plaza Nursing Center, Inc. Michigan Terrace Nursing Home, Inc. Hyde Park Nursing Center, Inc. Abbott House, Inc. Danville Care, Inc. Nursing Home Saline Manor, Inc., d/b/a Saline Care Center Nursing Home Shady Rest Manor, Inc. Nursing Home Reisch Memorial Nursing Home Bridgeview Convalescent Center Moon Lake Convalescent Carlton House, Inc. Mayflower Pavilion Convalescent Four Seasons Nursing Center of Hazel Crest Four Seasons Nursing Center of Elgin Four Seasons Nursing Center of Joliet Stunson Enterprises, Inc., d/b/a Fairview House Nursing Home Lincoln Hill Nursing Center Red Hills Rest Haven Corp.

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77-CC-1667 77-CC-1720 77432-1767 77-CC-1779 77-CC-1818 77-CC-1819 77-CC - 1820 77-CC-1822 77-CC-1848 77-CC-1853 77-CC-1854 77-CC- 1900 77-CC-2036 77-CC-2166 77-CC-2373 77-CC-2374 77-CC-2406 77-CC-2531 77-CC-2532 77-CC-2538 77-cc-2564 78-CC-0024 78-CC-0025 78-CC-0026 78-CC-0027 78-CC-0028 78-CC-0029 78-CC-0140 78-CC-0412 78-CC-0535 78-CC-1038 78-CC-1039 78-CC- 1040 78-CC-1217 Bridgeport Nursing Home; Charles S. & Judith L. Cunningham Morrison Community Skilled Nursing Facility Georgetown Manors, Tnc. Nursing Home Park Manor Nursing Home, d/b/a Crown Manor Wencordic Enterprises Inc. et a1 PTR Royal Fontana Nursing Center, Inc. Royal Greenbrier Nursing Center, Inc. Royal Elm Convalescent & Geriatric Center, Inc. Royal Willow Nursing Care Center, Inc. Seppi, Joseph F. & The Estate of Dr. Philip Azar, d/b/a The Lincoln Home R.B.N.H., Inc., d/b/a Red Bud Nursing Home Greenbriar Lodge Nursing Home Continental Manor Nursing Home Langston Enterprises, Inc., d/b/a Heritage House Nursing Home Birchwood Nursing Home, Birchwood, Inc. Pro-Care, Inc., d/b/a Cotillion Ridge,Nursing Center Crawford County Convalescent Center, Inc. Somerset House, Inc. Rogers Park Manor, Inc. Homestead Convalescent Nursing Home Executive Centers of America, Inc. Rockford Convalescent Center, Alma Nelson Manor, Inc. Hawthorne Lodge of Hillsboro, Inc. Nursing Home Hawthorne Lodge of Sullivan, Inc. Nursing Home Hawthorne Lodge of Watseka, Inc. Nursing Home Hawthorne Lodge of El Paso, Inc. Nursing Home Hawthome Lodge of Pana, Inc. Nursing Home Hawthorne Lodge of Bloomington, Inc. Nursing Home Georgetown Manors, Inc. Nursing Home Fondulac Nursing Manor Brethren Home of Girard, Illinois, Inc., d/b/a Pleasant Hill Village Carlton House, Inc. Mayflower Pavilion Convalescent Moon Lake Convalescent North Aurora Manor

241

78-CC-1218 78-CC-1219 78-CC-1220 78-CC-1247 78-CC-1288 78-CC-1302 78-CC-1357 78-CC-1456 78-CC-1473 79-CC-0529 80-CC-0988 81-CC-1302 81-CC-1303 81-CC-1304 81-CC-1305 82-CC-0337 82-CC-1513 85-CC-0451 85-CC-1054 85-CC-1590 85-CC- 1873 85-CC-2265 85-CC-2690 86-CC-0521 86-CC-0727 86-CC- 1085 86-CC-1834 86-CC-1835 86-CC-1836 86-CC-1837 86-CC- 1838 86-CC-1839 86-CC-1840 86-CC-1859 86-CC-1860 86-CC-2138 86-CC-2360 Camelot Manor Rock Falls Manor Knox Manor Lee County LaSalle County Nursing Home (LSCNH) McLean County McDonough County, Illinois Livingston County Seppi, Joseph F. & The Estate of Dr. Philip Azar, d/b/a The Lincoln Home Guminski, Mitchell Brewer, Joe Coventry Terrace, d/b/a Coventry Terrace Nursing Center Burnham Terrace Associates Northeast Health Care Association, d/b/a Northeast Health Care Center Touhy Terrace Associates Seppi, Joseph F., d/b/a The Lincoln Home Sievers, Steven A. Moses, Elizabeth M. Baker, Patricia Grady, Roger Community College Dist. 508 Eureka College Haber, Irving Central East Alcoholism and Drug Council Prairie Center for Substance Abuse McLean Co. Alcohol & Drug/Lighthouse Carle Clinic Carle Clinic Carle Clinic Carle Clinic Carle Clinic Carle Clinic Carle Clinic Richards, Lawrence K., M.D. Richards, Lawrence K., M.D. Carle Clinic Assn. Mercy Hospital

242

86-CC-2537 86-CC-3215 87-CC-0769 87-CC-2900 87-CC-3378 Franciscan Medical Center Little, Larry D. Roesch, Arthur Carle Clinic Assn. Christie Clinic

CONTRACTS-LAPSED APPROPRIATIONS FY 1987

When the appropriation from which a claim should have been paid has lapsed, the Court will enter an award for the amount due Claimant.

81-CC-1892 82-CC-0097 82-CC-0098 138.87 1,000.00 (Paid under claim 82-CC-0097) (Paid under claim 82-CC-0126 Larson, John, M.D. 82-CC-0097) Schwarz, Marvin, M.D. (Paid under claim 82-CC-0138 82-CC-0097) Princeville Area Migrant Child Development 82-CC-0474 Center 98.82 2,137.67 82-CC-1223 Gillespie, Cadigan & Gillespie 98.50 82-CC-1284 Savin Corp. 98.50 82-CC-1302 Savin Corp. 82-CC-2699 Illinois, State of; Department of Administrative Services 4,149.37 83-CC-0339 Springfield, City of; Department of Public 242.55 Property IBM 8,473.50 83-CC-1830 33,344.21 83-CC-2273 Loyola Medical Practice Plan Loyola Medical Practice Plan (Paid under claim 83-CC-2274 83-CC-2273) (Paid under claim 83-CC-2275 Loyola Medical Practice Plan 83-CC-2273) (Paid under claim 83-CC-2276 Loyola Medical Practice Plan 83-CC-2273) (Paid under claim 83-CC-2277 Loyola Medical Practice Plan 83-cc-2273) (Paid under claim 83-CC-2279 Loyola Medical Practice Plan 83-CC-2273) Loyola Medical Practice Plan (Paid under claim 83-cc-2280 83-CC-2273) (Paid under claim 83-CC-2281 Loyola Medical Practice Plan 83-CC-2273) (Paid under claim 83-CC-2282 Loyola Medical Practice Plan 83-CC-2273) Meis of Indiana Schwarz, Marvin, M.D. Schwarz, Marvin, M.D.

$

243

244

83-CC-2283 83-CC-2284 83-CC-2285 83-CC-2286 83-CC-2287 83-CC-2288 83-CC-2289 83-CC-2290 83-CC-2291

83-CC-2292

83-CC-2293 83-CC-2294 83-CC-2295 83-CC-2323 83-CC-2612 84-CC-0595 84-CC-0778 84-CC-0875 84-CC-0889 84-CC-1376 84-CC-1572 84-CC-2054 84-CC-2646 84-CC-2715

(Paid under claim 83-CC-2273) Loyola Medical Practice Plan (Paid under claim 83-CC-2273) Loyola Medical Practice Plan (Paid under claim 83-CC-2273) Loyola Medical Practice Plan (Paid under claim 83-CC-2273) Loyola Medical Practice Plan (Paid under claim 83-CC-2273) Loyola Medical Practice Plan (Paid under claim 83-CC-2273) Loyola Medical Practice Plan (Paid under claim 83-CC-2273) Loyola Medical Practice Plan (Paid under claim 83-CC-2273) Loyola Medical Practice Plan (Paid under claim 83-CC-2273) Loyola Medical Practice Plan (Paid under claim 83-CC-2273) Loyola Medical Practice Plan (Paid under claim 83-CC-2273) Loyola Medical Practice Plan (Paid under claim 83-CC-2273) Loyola Medical Practice Plan (Paid under claim 83-CC-2273) Northwestern Memorial Hospital 3,745.66 Northern Illinois Gas Co. 68,759.06 Carlson Roofing Co. 11,472.01 St. Mary's Hospital (Paid under claim 85-CC-0333) St. Mary's Hospital (Paid under claim 85-CC-0333) Curtis Industries 324.29 State Employees' Retirement System 1,292.63 St. Mary's Hospital (Paid under claim Codex Corp. St. Mary's Hospital Springfield Radiologists

Loyola Medical Practice Plan

85-cc-0333) 927.14 (Paid under claim 85-CC-0333) 216.00

245

84-CC-2753 84-CC-3310 84-CC-3444 85-CC-0333 85-CC-0336 85-CC-0392 85-CC-0921 85-CC-1014 85-CC-1100 85-CC-1579 85-CC-1695 85-CC-1720 85-CC- 1733 85-CC-1919 85-CC-2100 85-CC-2102 85-CC-2183 85-CC-2189 85-CC-2469 85-CC-2470 85-CC-2494 85-CC-2563 85-CC-2697 85-CC-2709 85-CC-2745 85-CC-2898 85-CC-2913 85-CC -2919 85-CC-3011 85-CC-3102 85-CC-3106 86-CC-0081 86-CC-0086 86-CC-0094 86-CC-0236 86-CC-0241 86-CC-0242 Rehabilitation Institute of Chicago Rehabilitation Institute of Chicago Hinsdale Sanitarium & Hospital St. Mary's Hospital Hinsdale Sanitarium & Hospital 9,938.87 126.84 22,245.99 14,99925 (Paid under claim 84-cc-3444) 1,096.50 Easter Seal Center, Inc. 61.70 Econo-Car of Chicago 126.00 Dawsons Handy Andy (Paid under claim Hinsdale Sanitarium & Hospital 84-CC-3444) 2,559.76 Berwyn Cicero Council on Aging 1,714.91 Volunteers of America Pilgrim Child Development Day Care Jnsti4,400.00 tute 254.00 Dargene, Mark, J., Dr. 179.45 Silver Cross Hospital 1,050.51 Marc Center 185.66 Marc Center 6.83 Production Supplies, Inc. 999.11 Catholic Social Services 1,889.30 Zep Manufacturing 576.61 Zep Manufacturing 265.00 Exxon Office Systems Human Resources Center of Edgar & Clark 475.70 Counties 6,940.50 Mandel, Lipton and Stevenson, Ltd. 3,710.85 Misericordia Home South 278.70 Datagraphix 224.19 City Water, Light & Power 6,008.75 Chicago University Medical Center 932.80 Konewko, Michael R. 3,685.00 Loyola University Medical Center 517.17 Xerox Corp. 12028 Xerox Corp. 180.00 Boblick, William E., M.D. 1,564.68 Ravenswood Hospital 12,342.94 Mercy Hospital 1,609.17 Konrad, Horst, M.D. 943.56 General Answering Service 550.41 General Answering Servcie

246

Ebenreiter Woodworking Co. A T & T Information Systems Chicago University Medical Center Met Newspaper Touche Ross & Co. St. Mary's Hospital Leland Building Ideal Heating Hoyleton Children's Home Maryville Academy Complete Home Service-Home Care, Inc. Schiller, W., & Co., Inc. Charlson, Lawrence Parkhurst, Todd S. Parkhurst, Todd S. Servco Equipment Heaslip, Dennis J. Amoco Oil Co. Wheaton Youth Outreach Litton Systems, Inc. Blare House, Inc. IBM Xerox Corp. 86-CC-1243 Maryville Academy 86-CC-1263 Community College Dist. 508 86-CC-1332 McKinley, Ada S., Community Service, Inc 86-CC-1334 Spencer, David L., M.D. 86-CC-1347 A T & T Information Systems 86-CC-1348 A T & T Information Systems 86-CC-1349 A T & T Information Systems 86-CC-1350 A T & T Information Systems 86-CC-1351 A T & T Information Systems 86-CC-1352 A T & T Information Systems 86-CC- 1353 A T & T Information Systems 86-CC-1355 A T & T Information Systems 86-CC-1357 A T & T Information Systems 86-CC-1358 A T & T Information Systems 86-CC-1359 A T & T Information Systems 86-CC- 1360 A T & T Information Systems 86-CC-1361 A T & T Information Systems 86-CC-1362 A T & T Information Systems 86-CC-0326 86-CC-0540 86-CC-0558 86-CC-0568 86-CC-0581 86-CC-0607 86-CC-0764 86-CC-0791 86-CC-0792 86-cc-0842 86-CC-0864 86-CC-0873 86-CC-0964 86-CC-1072 86-CC-1073 86-CC-1074 86-CC-1118 86-CC-1125 86-CC-1154 86-CC-1157 86-CC-1172 86-CC-1174 86-CC-1213 4,123.80 237,069.97 2,391.49 260.61 144,023.00 547.94 10,928.94 4,583.30 1,056.00 347.58 49,287.40 239.77 84.00 504.97 360.02 191,737.79 32.59 134.16 510.00 527.50 2,986.20 1,501.30 335.01 692.08 3,791.60 1,193.55 21.00 9,170.81 99.95 94.43 94.43 82.47 280.00 4,285.09 1,730.02 1,617.41 719.25 1,371.67 51.54 13,570.70 47.11

247

86-CC-1363 86-CC-1364 86-CC-1365 86-CC-1366 86-CC-1368 86-CC-1370 86-CC-1371 86-CC-1372 86-CC-1373 86-CC-1374 86-CC-1375 86-CC-1376 86-CC-1378 86-CC-1381 86-CC-1382 86-CC-1383 86-CC-1384 86-CC-1386 86-CC-1388 86-CC-1390 86-CC-1391 86-CC-1392 86-CC-1395 86-CC-1396 86-CC-1397 86-CC-1398 86-CC-1399 86-CC-1402 86-CC- 1404 86-CC-1405 86-CC-1406 86-CC-1407 86-CC-1408 86-CC-1409 86-CC-1410 86-CC-1411 86-CC-1412 86-CC-1413 86-CC-1453 86-CC-1479 86-CC-1486

A A A A A A A

T & T Information Systems T & T Information Systems T & T Information Systems T & T Information Systems T & T Information Systems T & T Information Systems T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T I T Information Systems % A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information'Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems A T & T Information Systems Chileda Institute, Inc. Bounds, William B. Harris Corp.

49.62 113.87 81.16 634.08 2,391.12 29.75 2,832.98 398.94 1,793.11 2,049.68 315.32 822.54 508.01 72.44 4,616.69 116.37 124.66 110.00 10,118.75 136.71 569.46 1,080.00 1,187.78 462.08 2,764.70 224.00 27.60 477.88 832.04 433.87 832.04 494.28 1,327.30 129.99 26.98 11,477.22 3,979.96 132.04 1,260.39 555.43 2,269.00

248

Gasperi, John B., Tool Co., Inc. Gray, James C. Riverside Medical Center Ziebart A/T Kustproofing, A Div. of J.C.P. Inc. Hook's Drugs #708 86-CC-1537 86-CC-1543 Bismarck Hotel 86-CC-1549 Jose Enterprises 86-CC-1557 Reporting Services, Inc. 86-CC-1573 Sears, Roebuck & Co. 86-CC-1578 Nauman, Arlene 86-CC- 1580 Georges, Pete, Chevrolet, Inc. 86-CC-1592 Medical Practice Plan 86-CC-1593 Medical Practice Plan 86-CC-1595 Medical Practice Plan 86-CC-15% Medical Practice Plan 86-CC-1597 Medical Practice Plan 86-CC-1599 Medical Practice Plan 86-CC-1600 Medical Practice Plan 86-CC- 1602 Medical Practice Plan 86-CC-1606 Medical Practice Plan 86-CC-1607 Medical Practice Plan 86-CC- 1636 Sieg LaSalle Co., Inc. 86-CC- 1639 Midwest Diversified Services, Inc. 86-CC-1642 Willow Brook Ford, Inc. 86-CC-1664 Boblick, William E., Jr., M.D. 86-CC-1709 Medical Practice Plan 86-CC-1712 Medical Practice Plan 86-CC-1716 Medical Practice Plan 86-CC-1718 Medical Practice Plan 86-CC-1719 Medical Practice Plan 86-CC-1720 Medical Practice Plan 86-CC-1721 Medical Practice Plan 86-CC-1722 Medical Practice Plan 86-CC- 1723 Medical Practice Plan 86-CC-1724 Medical Practice Plan 86-CC-1726 St. Frances Xavier Cabrini Hospital 86-CC-1731 Elgin Chrysler Plymouth 86-CC- 1745 Glenkirk 86-CC-1752 Riverside Medical Center 86-CC-1760 Simms, Sharon, Ph.D. 86-CC-1500 86-CC-1507 86-CC-1519 86-CC-1528 472.45 2,181.50 66.40 544.00 164.63 3,914.00 180.31 30.00 360.72 63.85 498.00 530.00 92.00 22.00 50.00 260.00

70.00

25.00 10.00 12.50 10.50

25.44

438.90

74.56 167.00 225.00 120.00 76.00 37.50 35.00 36.50 35.00 36.50 72.00 48.00 2,015.70 290.07 17,874.92 27.08 145.00

249

86-CC-1761 86-CC-1813 86-CC-1832 86-CC - 1846 86-CC-1874 86-CC-1879 86-CC-1910 86-CC- 1914 86-CC-1921 86-CC-1922 86-CC-1936 86-CC-1967 86-CC- 1971 86-CC-1975 86-CC-2012 86-CC-2013 86-CC-2014 86-CC-2015 86-CC-2016 86-CC-2017 86-CC-2018 86-CC-2019 86-CC-2020 86-CC-2021 86-CC-2022 86-CC-2023 86-CC-2024 86-CC-2026 86-CC-2027 86-CC-2028 86-CC-2029 86-CC-2030 86-CC-2033 86-CC-2042 86-CC-2043 86-CC-2044 86-CC-2051 86-CC-2063 86-CC-2090 86-CC-2091 86-CC-2094 200.00 Simms, Sharon, Ph.D. 1,538.47 Xerox Corp. 1,901.83 Ral Construction 4,816.60 McGraw-Edison Service 77.00 Van Ru Credit Corp. 39.00 Katz, Paul L., M.D. 690.00 Drake University 1,352.86 Cross, Robert E. 25.43 Shafer's Galena Pharmacy 349.44 Helping Hand Rehabilitation Center 205.76 Gibson, George R., Chevrolet, Inc. 3,591.24 Casa Central 18,157.60 Cabay, Ben B., Construction CO. 3,212.70 Ill-Mo Welding Products Co. 4,126.48 St. James Hospital 260.64 St. James Hospital 5,032.35 St. James Hospital 565.09 St. James Hospital 729.30 St. James Hospital 4,509.73 St. James Hospital 3,526.78 St. James Hospital 807.25 St. James Hospital 939.95 St. James Hospital 1,317.84 St. James Hospital 444.14 St. James Hospital 1,441.95 St. James Hospital 612.89 St. James Hospital 6.00 St. James Hospital 167.75 St. James Hospital 125.00 St. James Hospital 6.00 St. James Hospital 3,616.65 St. James Hospital 2,646.54 St. James Hospital 822.95 Washington County Vocational Workshop 34.96 Allen, D. Arlene 186.83 Crossroads Ford Truck Sales, Inc. 767.75 Lutheran Child & Family Services of Illinois 1,437.20 General Electric Supply Co. 325.00 Mortimer, John S. 350.00 Mortimer, John S. 476.68 Royal Chrysler Plymouth

250

86-CC-2095 86-CC-2096 86-CC-2100 86-CC-2101 86-CC-2116 86-CC-2120 86-CC-2128 86-CC-2146 86-CC-2157 86-CC-2184 86-CC-2190 86-CC-2192 86-CC-2193 86-CC-2194 86-CC-2203 86-CC-2204 86-CC-2207 86-CC-2227 86-CC-2231 86-CC-2232 86-CC-2233 86-CC-2237 86-CC-2238 86-CC-2239 86-CC-2240 86-CC-2241 86-CC-2242 86-CC-2243 86-CC-2257 86-CC-2259 86-CC-2276 86-CC-2283 86-CC-2284 Royal Chrysler Plymouth 373.10 Royal Chrysler Plymouth 58.00 250.00 Gray Line of Chicago Community Support Services, Inc. 7,854.87 Chicago Tribune 271.15 McCarthy, Daniel, M.D. 972.00 300.96 Halloran, Zita M. McCoy, Laverne 15.00 Northern Credit Service 90.00 Commonwealth Edison Co. 1,965.30 2,571.05 Proviso Association for Retarded Citizens Xerox Corp. 1,140.68 Xerox Corp. 97.92 Xerox Corp. 499.41 Xerox Corp. 228.00 Xerox Corp. 112.50 Chicago, University of, Hospital 605.18 Southern Illinois University, Board of Trus25,757.66 tees on Behalf of SIU at Carbondale Mercy Hospital 2,133.50 LaRabia Children's Hospital 1,533.60 Louisiana, State of; Dept. of Health & Human Resources Office of Mental Health 890.64 Franciscan Medical Center 5,643.21 Franciscan Medical Center (Paid under claim 86-CC-2237) (Paid under claim Franciscan Medical Center 86-CC-2237) Franciscan Medical Center (Paid under claim 86-CC-2237) Franciscan Medical Center (Paid under claim 86-CC-2237) Franciscan Medical Center (Paid under claim 86-CC-2237) Franciscan Medical Center (Paid under claim 86-CC-2237) Illinois Bell Telephone Co. 220.83 Fantus Co. 31,867.50 Rita, Lucida, M.D. 241.50 1,518.N Miller, James, Chevrolet, Inc. Miller, James, Chevrolet, Inc. 256.70

251

86-CC-2285 Miller, James, Chevrolet, Inc. 86-CC-2286 Miller, James, Chevrolet, Inc. 86-CC-2295 Belich, Paul P., Dr. 86-CC-2300 Riverside Medical Center 86-CC-2301 Riverside Medical Center 86-CC-2309 Cotton, Diane 86-CC-2314 Lomboy, Ric A. 86-CC-2326 American Scientific Products 86-CC-2331 Cloney, John E. 86-CC-2332 Mt. Sinai Hospital Medical Center 86-CC-2333 Mt. Sinai Hospital Medical Center 86-CC-2334 Mt. Sinai Hospital Medical Center 86-CC-2335 Mt. Sinai Hospital Medical Center 86-CC-2336 Mt. Sinai Hospital Medical Center 86-CC-2346 Chorzempa, James J., D.D.S. 86-CC-2352 Shoss, M., M.D. 86-CC-2355 Lanier Financial Services 86-CC-2363 Mt. Sinai Hospital Medical Center 86-CC-2364 Mt. Sinai Hospital Medical Center 86-CC-2366 Mt. Sinai Hospital Medical Center 86-CC-2369 Holy Family Hospital 86-CC-2376 Kannet, Irving, & Assoc. 86-CC-2378 Varelli, Cynthia 86-CC-2381 St. Elizabeth Hospital 86-CC-2382 St. Elizabeth Hospital 86-CC-2383 St. Elizabeth Hospital 86-CC-2385 Wyse, James L., D.D.S. 86-CC-2388 Maryville Academy 86-CC-2389 Bond Co. Health Dept. 86-CC-2391 Mt. Sinai Hospital Medical Center 86-CC-2399 New Zion Day Care Center 86-CC-2403 Phillips Petroleum 86-CC-2410 Alliance Airlines 86-CC-2413 Ebsco Subscriptions 86-CC-2416 Parkwood Dodge, Inc., formerly Norwood Park Dodge 86-CC-2429 Franciscan Medical Center 86-CC-2435 Lutheran Social Services of Illinois 86-CC-2453 Lutheran Social Services of Illinois 86-CC-2455 Galesburg Clinic 86-CC-2456 Calumet Township Youth Services 168.81 32.18 464.42 424.60 19.86 684.57 112.86 3,189.42 311.80 11,514.88 15,943.68 6,200.32

9,660.00

2,214.40 172.00

40.00

109.65 17,653.06 10,186.2tl 16,015.39 585.25 68.70 334.50 38.50 19.50 19.50 120.00 1,820.79 840.00 17,272.32 1,019.18 18.53 89.25 57.21 835.28 717.87 3,207.60 50.00 86.00 486.53

252

86-CC-2464 86-CC-2465 86-CC-2470 86-CC-2471 86-CC-2472 86-CC-2473 86-CC-2474 86-CC-M77 86-CC-2478 86-CC-2499 86-CC-2502 86-CC-2503 86-CC-2520 86-CC-2526 86-CC-2527 86-CC-2529 86-CC-2530 86-CC-2533 86-CC- 2539 86-CC-2541 86-CC-2550 86-CC-2562 86-CC-2563 86-CC-2567 86-CC-2581 86-CC-2582 86-CC-2591 86-CC-2601 86-CC-2607 86-CC-2609 86-CC-2610 86-CC-2613 86-CC-2617 86-CC-2618 86-CC-2619 86-CC-2620 86-CC-2622 86-CC-2623 86-CC-2624 86-CC-2700 86-CC-2701 Carley, James A,, D.D.S. Mini Fire Equipment Bismarck Hotel Bismarck Hotel Bismarck Hotel Carger, James, Ph.D. Carger, James, Ph.D. Arrow Equipment Co. Graham, Robert Bruce Damera, Bhaskar Rao Dominicks Finer Foods Rich, Jim Mundelein College Safety Kleen Corp. Midwest Fence Co. St. James Hospital Shoss Radiology Group National Learning Systems

Lock Shop, The

720.00 131.95

38.54

501.02 93.96

400.00

100.00 35.76 287.32 588.51 300.00 87.00 355.00 36.50 166.50 180.00 65.00 4,339.00

224.94

Morris, Robert, College Mt. Sinai Hospital Medical Center GM Audio Visual Service GM Audio Visual Service Wang Laboratories, Inc. Spoon River Scenic Drive Assoc. Professional Services to Youth Roland Machinery Co. Riverside Medical Center Flynn, Sandra A. Beaman, Stephen D. Medina, Alfonso J., M.D. Copier Duplicator Specialists Illinois Bell Telephone Co. Hartnett & Catellani, Ltd. Svaniga, Lora J. Unocal Rahman, Habibur, M.D. Riverside Medical Center St. John's Hospital Manpower Temporary Services Normany Osteopathic Hospital

1,500.00 3,100.16 134.25 107.81 17,600.00 197.15 630.00 792.94 20.55 923.31 270.00 220.00 55.00 312.00 105.00 193.19 143.76 630.00 60.00 4,956.25 711.53 45.61

253

86-CC-2703 86-CC-2711 86-CC-2712 86-CC-2716 86-CC-2724 86-CC-2725 86-CC-2726 86-CC-2731 86-CC-2732 86-CC-2733 86-CC-2734 86-CC-2738 86-CC-2744 86-(32-2746 86-CC-2753 86-CC-2755 86-CC-2756 86-CC-2757 86-CC-2758 86-CC-2760 86-CC-2762 86-CC-2770 86-CC-2772 86-CC-2774 86-CC-2779 86-CC-2781 86-CC-2783 86-CC-2790 86-CC-2791 86-CC-2793 86-CC-2794 86-CC-2795 86-CC-2798 86-CC-2807 86-CC-2808 86-CC-2810 86-CC-2811 86-CC-2812 Austin Radiology Bunge's Tire Center Pitney Bowes Shover Easter Seal Rehabilitation Center Elgin Spring Co. McKinley Community Services Copier Duplicator Specialists Westinghouse Furniture Systems Shah, Pravin S., M.D. Fisher Scientific Co. Holiday Inn Riverfront Illinois Bell Telephone Co. GFE, Inc. Amoco Oil Co. Ace Radiator Service Norton Christensen, Inc. Central Audio-visual Holy Family Hospital Fowler & Novick Morgan, Carol A. Saghafi, Behrooz Swedish Covenant Hospital National Easter Seal Society Bowman Distribution Montgomery Ward Springfield Public Schools Reese Hospital & Medical Center Visiting Nurse Assn. of Chicago Shover Easter Seal Rehabilitation Center Illinois Bell Telephone Co. Amoco Oil Co. Amoco Oil Co. Countryside Graphics Austin Radiology Modern Brake & Alignment Reynolds Motor Co. Reynolds Motor Co. Curriculum Publications Clearinghouse 492.00 19.38 266.18 325.00 231.88 1,603.10 60.83 118.77 240.00 5,128.75 395.10 167.50 63.00 204.88 200.00 1,125.23 73.13 1,153.53 167.13 328.85 1,000.00 743.46 30.00 134.08 20.74 232.50 3,631.08 168.00 684.00 232.96 167.75 67.54 1,045.00 57.00 23.95 125.57 111.22 208.00

86-CC-2815 86-CC-2816 86-CC-2817 86-CC-2818 86-CC-2819 86-CC-2820 86-CC-2821 86-CC-2822 86-CC-2825 86-CC-2826 86-CC-2827 86-CC-2828 86-CC-2829 86-CC-2830 86-CC-2831 86-CC-2833 86-CC-2834 86-CC-2836

86-CC-2837

Kotarba, Walter Northeastern Illinois University Capitol Group Capitol Group Capitol Group Misericordia Home South Misericordia Home South Dodge, Wilbur W.

39.00 2,100.oo 8,298.90 6,519.62 819.61 1,427.15

65.70

49.67 2,835.00 32.10 50.00 50.00 292.50 199.78 7,084.00 121.81 2,815.48 555.02

264.00

.

IBM

Chicago Medical Equipment Cushing, Frank Cushing, Frank Hillsboro Hospital K Mart 3305 National Opinion Research Center United Microlabs Springfield Hilton Springfield Hilton

Springfield Hilton

86-CC-2839 86-CC-2841 86-CC-2842 86-CC-2844 86-CC-2851 86-CC-2852 86-CC-2853 86-CC-2856 86-CC-2862 86-CC-2865 86-CC-2866 86-CC-2867 86-CC-2868 86-CC-2872 86-CC-2873 86-cc-2874 86-CC-2875 86-CC-2876 86-CC-2877 86-CC-2878 86-CC-2879 86-CC-2880

Springfield Hilton Springfield Hilton Springfield Hilton Capital City Paper Illini Supply, Inc. Illini Supply, Inc. Kamnick, Suann Chicago Suburban Express Murphy, Robert Trotter, Pamela Triangle Construction Pinckneyville Community Hospital All Suburban Dental Center Capitol Group St. John's Hospital Danville Area Community College Danville Area Community College Danville Area Community College Danville Area Community College Danville Area Community College Dental Group, Ltd. Lawrence, Joan

33.00 32.40

22.00

222.25 2,470.62 221.44 60.00 408.33 145.00 648.00 215.00 1,286.85 180.00 6,426.34 217.55 210.00 120.00 77.00 77.00 18.00 55.00 269.04

86-CC-2881 86-CC-2882 86-CC-2883 86-CC-2884 86-CC-2885 86-CC-2887 86-CC-2889 86-CC-2890 86-CC-2891 86-CC-2895 86-CC-2896 86-CC-2897 86-CC-2905 86-CC-2909 86-CC-2911 86-CC-2912 86-CC-2913 86-CC-2916 86-CC-2917 86-CC-2922 86-CC-2923 86-CC-2924 86-CC-2926 86-CC-2927 86-CC-2928 86-CC-2929 86-CC-2930 86-CC-2932 86-CC-2934 86-CC-2939 86-CC-2940 86-CC-2941 86-CC-2942 86-CC-2943 86-CC-2945 86-CC-2948 86-CC-2954 86-CC-2955 86-CC-2964 86-CC-2965 86-CC-2967

Eguekwe, Sunny Alarm Detection Systems Amoco Oil Co. Constable Equipment Co. St. Anthony's Hospital Sulivan, Thomas J. Sandoz Nutrition Corp. St. Coletta School ITT Courier Terminal Systems Char Management YMCA of Metro Chicago Vandalia Motor Sales Attaway, Kenneth M. Paragon Janitorial Co. Graue Chevrolet Graue Chevrolet Carroll Seating Co. IBM Gables, Henrietta Dolder Electric Supply Dolder Electric Supply McGrath Whalen Office Equipment Gnade, Gerard R., Jr., M.D. Gnade, Gerard R., Jr., M.D. GFE, Inc. Gnade, Gerard R., Jr., M.D. Burnstine, Richard C., M.D. Midwest Fence Co. Waters, John Midwest Fence Co. Carroll Seating Co. Purolator Courier Neuman, Jaime L., M.D. Yaniz, Antonio, M.D. Continental Telephone Co. ITT Courier Terminal Systems Loschen, Earl L. Sheridan Oil Co. Brison, Claudia Ricoh Corp. Sanders, Edward, Jr.

284.54 131.91 133.44 3,628.00 6,500.00 628.00 495.00 912.82 1,649.36 1,639.02 2,412.30 585.66 86.56 54.00 244.25 94.08 2,065.00 3,339.00 105.00 35.25 25.13 172.54 204.40 1,191.20 114.00 590.20 64.00 170.40 36.00 960.74 2,427.30 21.20 203.00 350.00 4,687.33 150.00 604.70 1,125.00 505.94 100.00 194.33

256

Gillespie, Illinois Phillips, Margot K. Copier Duplicator Specialists Copier Duplicator Specialists Culligan Water Conditioning Culligan Water Conditioning Huang, L. I., M.D. Chinoy, G. K. Carter, Kevin B. Clearing Disposal Wang Laboratories, Inc. Landreth Lumber C o . Morimoto, Paul K., M.D. Moline Radiology Assoc. Wiley Office Equipment Co. Mattice, Brian H. Associated Anesthesiologist of Springfield 86-CC-3019 Production Supplies, Inc. 86-CC-3022 Shah, Pravin S., M.D. 86-CC-3034 Ingalls Memorial Hospital 86-CC-3038 Phillips Petroleum 86-CC-3039 Lever Brothers 86-CC-3045 North Cicero Dodge 86-CC-3049 Wal Mart #224 86-CC-3050 Covenant Children's Home 86-CC-3051 A-1 Photo Service 86-CC-3053 Kankakee, County of 86-CC-3054 Macon Cleaning 86-CC-3056 Bethesda Lutheran Home 86-CC-3073 Smith, Carol T. 86-CC-3074 Koziol, John Henry 86-CC-3075 Fett, Karyn J. 86-CC-3077 Clark Products Co. 86-CC-3078 Hoffmcn Co. 86-CC-3083 Roseland Community Hospital 86-CC-3084 Neuman, Jaime L., M.D. 86-CC-3085 Kobelt Travel Service 86-CC-3086 Bradley Supply 86-CC-3087 Roland Machinery Co. 86-CC-3088 Roland Machinery Go. 86-CC-2968 86-CC-2969 86-CC-2970 86-CC-2971 86-CC-2973 86-CC-2974 86-CC-2976 86-CC-2977 86-CC-2980 86-CC-2983 86-CC-2984 86-CC-2985 86-CC-2986 86-CC-2999 86-CC-3001 86-CC-3009 86-CC-3018 110.00 192.76 68.70 55.00 97.50 31.20 23.00 17.70 992.00 191.17 2,332.46 35.54 60.00 63.00 655.50 225.18 210.00

634.90

310.00 26.80 126.13 204.50 95.56 128.06 202.00 515.63 9,000.00 1,974.30 305.89 410.32 121.04 668.00 332.40 213.63 1,886.35 90.00 900.00 4,584.00 480.49 330.87

257

86-CC-3089 Roland Machinery Co. 86-CC-3090 Roland Machinery Co. 86-CC-3091 Roland Machinery Co. 86-CC-3092 Roland Machinery CO. 86-CC-3093 Roland Machinery Co. 86-CC-3094 Roland Machinery Co. 86-CC-3095 Roland Machinery Co. 86-CC-3096 Roland Machinery Co. 86-CC-3097 Roland Machinery Co. 86-CC-3098 Roland Machinery Co. 86-CC-3099 Working Class Uniforms 86-CC-3102 Illinois State Toll Highway Authority 86-CC-3104 Danville Pediatric Center 86-CC-3108 Family Care Services of Metro Chicago

289.46 247.34 247.34 94.80 53.39 37.94 23.79 15.35 11.35 5.33 77.00 25.10 116.00 11,327.37 1,512.06 22.50 26.50 150.00 624.00 456.84 491.28 198.00 26.00 50.81 7,697.47 370.49 208.29 79.03 1,620.00 222.00 1,468.19 2,478.00 575.00 214.28 4,705.00 560.04 1,725.50

86-CC-3109

Family Care Services of Metro Chicago Orthopedic Assoc. of Streator 86-CC-3110 86-CC-3111 Hinckley & Schmitt 86-CC-3112 Community Service Center of Northern Champaign Co. Callaghan & Co. 86-CC-3114 86-CC-3117 Merrell Dow Pharmaceuticals 86-CC-3118 Peoria Association for Retarded Citizens Wapella, Village of 86-CC-3120 86-CC-3121 Word Masters, Ltd. 86-CC-3147 Sears, Roebuck & C O . 86-CC-3148 Xerox Corp. 86-CC-3155 Xerox Corp. 86-CC-3157 Xerox Corp. 86-CC-3159 Xerox Corp. 86-CC-3160 Constable Equipment Co. 86-CC-3162 Constable Equipment Co. 86-CC-3163 O'Herron, Ray, Co., Inc. 86-CC-3164 Sangamon State University 86-CC-3173 Elgin Super Auto Parts 86-CC-3174 Berg, Patricia G . 86-CC-3175 Doyle Plumbing & Heating 86-CC-3177 Colonial Coffee Service 86-CC-3180 Pediatric Practice Plan

258

86-CC-3183 86-CC-3186 86-CC-3189 86-CC-3190 86-CC-3191 86-CC-3192 86-CC-3193 86-CC-3198 86-CC-3199 86-CC-3208 86-CC-3211 86-CC-3213 86-CC-3218 86-CC-3224 86-CC-3225 86-CC-3226 86-CC-3227 86-CC-3228

86-CC-3231

Wham, James B. L & H Stamp Manufacturing Co. Temporary Service, Inc. St. Vincent Residential School Roland Machinery Co. Contel of Illinois Henson Robinson Co. Beverly Farm Foundation Mike & Julie's Education Center Glenwood Medical Group Glenwood Medical Group Schmitt Ford, Jack Central Office Equipment Tingue, Brown & Co. Sunnyside Co. Anand, Pramod K., M.D. Anand, Pramod K., M.D. Rock Falls Twp High School

Dellwood Tire & Auto Supply Uptown Paint & Body Service Beck's, hc.

1,741.43 283.50 61.25 1 ,436.30 13.74 ,302.65 167.38 28.50 1,949.20 99.50

23.00

111.83 3,186.00 361.20 392.99 88.00 21.00 72.00

240.35

86-CC-3232 86-CC-3234 86-CC-3236 86-CC-3237 86-CC-3238 86-CC-3241 86-CC-3244 86-CC-3245 86-CC-3246 86-CC-3247 86-CC-3249 86-CC-3250 86-CC-3253 86-CC-3254 86-CC-3255 86-CC-3257 86-CC-3258 86-CC-3260 86-CC-3261 86-CC-3262

Community College Dist. 508 Thomas, Joy Medical Personnel Pool Werner, Peter, Dr. Federal Signal Corp. Illini Supply, Inc. Lederle Labs Exceptional Care & Training Center St. Anthony Memorial Hospital Human Resources Development Institute Legal Directories Publishing Co. Community College Dist. 508 American Industrial Supply Lamberton, Linda S.; D.P. Petty Cash Fund Custodian CPC Old Orchard Hospital Stuckly, Sharon A. Universal, Inc. Paducah Orthopaedic Clinic

402.35 462.98 45.00 222.91 8,091.51 345.00 1,700.00 38.75 42,000.00 403.17 19.00 755.30 49.93 276.00 2,034.00

,

20.20 1,452.48 115.00 57.75 455.00

259

86-CC-3263 86-CC-3264 86-CC-3265 86-CC-3266 86-CC-3267 86-CC-3271 86-CC-3273 86-CC-3274 86-CC-3275 86-CC-3276 86-CC-3277 86-CC-3278 86-CC-3279 86-CC-3280 86-CC-3281 86-CC-3283 86-CC-3284 86-CC-3285 86-CC-3291 86-CC-3292 86-CC-3293 86-CC-3294 86-CC-3300 86-CC-3301 86-CC-3302 86-CC-3303 86-CC-3304 86-CC-3306 86-CC-3307 86-CC-3308 86-CC-3309 86-CC-3312 86-CC-3313 86-CC-3314 86-CC-3315 86-CC-3317 86-CC-3318 86-CC-3319 86-CC-3321 86-CC-3324 86-CC-33% Coal Belt Fire Equipment * Coal Belt Fire Equipment Ambulance Service Corp. Ambulance Service Corp. AAA Portable Toilets Federal Signal Corp. Federal Signal Corp. Federal Signal Corp. Federal Signal Corp. Federal Signal Corp. Champaign Children's Home Illinois Electronic Business Equipment DeVry Institute of Technology Massac Memorial Hospital Massac Memorial Hospital Central Telephone Co. National Railroad Passenger Corp. Illinois Electronic Business Equipment Silver Cross Hospital Silver Cross Hospital Gnade, Gerard R., Jr., M.D. Air Wisconsin D & H Truck Parts D & H Truck Parts Orteza, Deofil L., M.D. Simplex Time Recorder Constable Equipment Co. McGuire's, Inc. Croft Motor Co. Kreative Kustom Auto Body Channel, Esther Northwest Hospital Beckley-Cardy Co. Action Office Supply Action Office Supply Action Office Supply Action Office Supply Action Office Supply Action Office Supply Pronto Travel Agency Rehg Reporting Service 2,772.00

45.50

104.00 63.00 136.80 1,061.31

804.00 335.00

240.90 35.40 1,452.08 698.68 2,924.31 3,813.05 31.00 59.00 420.00 243.71 1,884.64 172.89 120.00 25.20 635.84 218.66 82.05 1,275.07 331.80 679.05 24,941.64 2A4.07 570.00 1,528.50 67.73 594.58

318.15 38.88 22.99 363.00 87.38 717.00 189.00

260

86-CC-3326 86-CC-3327 86-CC-3328 86-CC-3334 86-CC-3335 86-CC-3336 86-CC-3337 86-CC-3341 86-CC-3346 86-CC-3347 86-CC-3350 86-CC-3351 86-CC-3352 86-CC-3353 86-CC-3356 86-CC-3361 86-CC-3362 86-CC-3363 86-CC-3369 86-CC-3370 86-CC-3371 86-CC-3374 86-CC-3381 86-CC-3386 86-CC-3396 86-CC-3397 86-CC-3400 86-CC-3401 86-CC-3402 86-CC-3404 86-CC-3423 86-CC-3424 86-CC-3425 86-CC-3428 86-CC-3433 86-CC-3436 86-CC-3438 86-CC-3439 86-CC-3442 86-CC-3443 IBM Christie Clinic Christie Clinic Vega International Travel Service Vega International Travel Service Vega International Travel Service Mercer, Connie Oakton Community College Schrieber, Ray, Disposal Dabek, Chester Shidler Construction Material Co., Inc. Federal Signal Corp. Sikorski, Stephen B. Stiff, Mary ASC Medicar Service, Inc. Council on Aging, Berwyn Cicero American Mathematical Society Mercy Center Health Care Services Neiman Brothers Telecommunications International Forest Hospital McDaniel, Brenda L. Xerox Corp.

Xerox Corp.

3,372.00 500.00 100.00 410.00 166.00 144.00 493.84 153.00 104.00 1,009.30 213.70 3,794.90 265.44 150.00 252.00 9,035.52 50.00 24,708.11 535.50 739.93 7,102.29 929.88 2,241.96

49.73

HQ Printers Federal Signal Corp. Modern Business Systems Modern Business Systems Kutty, Ahamed V. P., M.D. House of Rental Illinois University Hospital Corrections, Dept. of; Correctional Industries Regalia Manufacturing Co. RoYtYPe Halper, Mitchell R., M.D. Beatty Televisual Kennedy School, Lt. Joseph P., Jr. Lotus Development Corp. Roland Machinery Co. Roland Machinery Co.

271.00 505.55 400.20 27.51 835.00 4,501.00 859.09 493.60 21.60 127.20 70.50 224.48 3,074.65 6,291.73 266.44 117.00

261

86-CC-3444 86-CC-3445 86-CC-3450 86-CC-3455 86-CC-3456 86-CC-3459 86-CC-3462 86-CC-3463 86-CC-3466 86-CC-3470 86-CC-3472 86-CC-3473 86-CC-3474 86-CC-3475

86-CC-3476

86-CC-3477 86-CC-3478 86-CC-3480 86-CC-3481 86-CC-3485 86-CC-3486 86-CC-3487 86-CC-3488 86-CC-3489 86-CC-3490 86-CC-3491 86-CC-3492 86-CC-3493 86-CC-3494 86-CC-3501 86-CC-3502 86-CC-3517 86-CC-3518 86-CC-3519 86-CC-3520 86-CC-3522 86-CC-3523 86-CC-3525 86-CC-3529 86-CC-3530

Roland Machinery Co. Roland Machinery Co. St. Vincent School McKee Door Sales & Service Hazelton Labs Barry, Mary Anne Maywood Assoc. Larkin Home For Children Clearbrook Center Allendale Association Shell Oil Shell Oil Shell Oil Shell Oil Shell Oil DiBenedetto, Catherine M. Seeley Healthcare El Valor Corp. Moore Research, Inc. Lutheran Social Services of Illinois Hromeck's Court Reporters Hromeck's Court Reporters Conrin, James P., Ph.D. Ortscheid, Ann M. Quincy College Corp. Barilla, Rosina W. Standard Register Co. Association for Individual Development Hoe Supply Co. Illinois Valley Business Equipment Feldman, Howard W. St. Therese Medical Center St. Therese Medical Center St. Therese Medical Center St. Therese Medical Center Kennedy School, Lt. Joseph P., Jr. Barrington Orthopedic Spec. Ogg, Richard Lee Christie Clinic Polk, R. L., & Co.

54.15 53.30 13,050.00 168.75 6,348.77 300.00 161.50 14.54 693.65 7,755.87 977.90 747.27 117.80 94.32 15.00 334.00 750.00 9,572.95 13.44 283.37 1,159.20 254.10 130.85 167.46 1,207.80 564.30 14,131.64 3,277.49 711.63 843.59 1,032.00

38.60 23.60 23.60

9.00 1,226.60 55.00 225.00 304.00 82.00

262

86-CC-3534 86-CC-3537 86-CC-3555 86-CC-3559 86-CC-3560 86-CC-3565 86-CC-3568 86-CC-3569 86-CC-3570 86-CC-3571 86-CC-3574 86-CC-3576 87-CC-0001 87-CC-0005 87-CC-0006 87-CC-0008 87-CC-0010 87-CC-0011 87-CC-0023 87-CC-0026 87-CC-0028 87-CC-0030 87-CC-0031 87-CC-0032 87-CC-0033 87-CC-0035 87-CC-0036 87-CC -0039 87-CC-0040 87-CC-0042 87-CC-0043 87-CC-0044 87-CC-0050 87-CC-0053 87-CC-0055 87-CC-0058 87-CC-0061 87-CC-0063 Lipschutz, Harold Merle Pharmacies #1 Visiting Nurse Assn. of Chicago Randall, Catherine Massac Memorial Hospital Gupta, Ramesh C. Action Office Supply Action Office Supply Action Office Supply Action Office Supply Stoller, Walter, M.D. Reuben & Proctor American Red Cross Martinez, Marco Antonio Spoon River Center Davis Truck & Auto Parts News-Democrat Illinois Bell Telephone Co. Global Computer Supplies Colorado, State of; Dept. of Law/ Central Collections Dietz, R. E., Co. Little Angels Nursing Home Brake, Donald R., Jr. Shattar Sales Miller, Gerald I., Rev. Gutierrez, Nestor, M.D. Illinois, University of, Board of Trustees Northeastern Illinois University Northeastern Illinois University St. John's Hospital DuPage County Educational Service Region; Berardo De Simone, Supt. Cast International McLean County Blackstone Hotel Ward, Peter A., Dr. Milton Data Center Hagen, Neil B., D.D.S. Emsco, Ltd. 123.75 845.00

84.00

83.04 637.60 19.20 357.00 39.75 162.00 62.29 130.00 733.00 49.00 232.50 799.38

231.00 26.24 271.30

210.75

127.58 368.31 4,184.42 4,200.00 952.60 18.62 76.00 224.00 637.50 347.00 408.70 220.00 89.04 86.46 49.61 700.00 3,014.88 266.00 13.00

263

87-CC-0064 87-CC-0065 87-CC-0066 87-CC-0067 87-CC-0068 87-CC-0069 87-CC-0072 87-CC-0073 87-CC-0074 87-CC-0075 87-CC-0083 87-CC-0084 87-CC-0088 87-CC-0089 87-CC-0091 87-CC-0093 87-CC-0094 87-CC-0095 87-CC-0101 87-CC-0102 87-CC-0103 87-CC-0104 87-CC-0106 87-CC-0108 87-CC-0112 87-CC-0113 87-CC-0114 87-CC-0118 87-CC-0119 87-CC-0128 87-CC-0137 87-CC-0140 87-CC-0142 87-CC-0150 87-CC-0151 87-CC-0152 87-CC-0154 87-CC-0155 87-CC-0156 87-CC-0157 Emsco, Ltd. Emsco, Ltd. National Fire Protection Assn. Navis, Cliff, Co. Mundelein College Chemical Waste Management Budget Rent A Car Budget Rent A Car Comtech, Inc. ASC Medicar Service, Inc. Ascot Pharmaceuticals Greenlee, Rosie Lawson, Walter, Children's Home Nolpe; Thomas N. Jones, Executive Director Scantron Corp. River Oaks Chrysler Plymouth Temple Sholom Day Care Center Days Inn NDC Federal Systems Khan, Shagufta, M.D. McNeil Pharmaceutical Catholic Charities of Chicago Richmont Hotel St. Francis Hospital B & A Travel Service Holy Family Hospital Howard Uniform Co. Caldwell, Kevin L., D.D.S. Volunteers of America of Illinois West Publishing Co. Third Microventure Hamilton Chevrolet-Oldsmobile Saslow Dental Federal Signal Corp. Joliet Spring, Inc. Merkels, Inc. Petersburg Plumbing & Heating Co. Fischer Wisnosky Architects Boll Painting & Decorating Boll Painting & Decorating

13.65 13.65 24.86 5,010.00 800.00 70,500.00 156.76 47.48 292.99 326.00 885.17 259.00 6,318.13

19.11 330.20

236.04

463.00 58.30 1,057.50 346.00 2,420.00 3,499.61 44.04 90.00 249.00 55.00 1,100.00 161.00 1,112.11 324.00 115.00 62.55 64.90 1,078.80 434.25 422.00 23,906.58 11,018.21 4,895.00 4,704.00

264

87-CC-0158 87-CC-0162 87-CC-0163 87-CC-0169 87-CC-0170 87-CC-0181 87-CC-0182 87-CC-0185 87-CC-0188 87-CC-0189 87-CC-0194 87-CC-0195 87-CC-0196 87-CC-0197 87-CC-0199 87-CC-0207 87-CC-0208 87-CC-0221 87-CC-0222 87-CC-0228 87-CC-0234 87-CC-0235 87-CC-0239 87-CC-0241 87-CC-0247 87-CC-0249 87-CC-0250 87-CC-0254 87-CC-0256 87-CC-0257 87-CC-0268 87-CC-0278 87-CC-0280 87-CC-0281 87-CC-0283 87-CC-0284 87-CC-0287 87-CC-0288 Davis Painting Lipschutz, Harold, M.D. Midstate Machinery Co. Broeking, L. E. Broeking, L. E. Xerox Corp. Xerox Corp. Xerox Corp. Xerox Corp. Xerox Corp. Trefz, Harlan & Noreen River Bend Community Unit Dist. #2 McCann Construction Patterson, Edith Y. Tandy Corp. Jarvis Office Products St. Elizabeth Hospital Di-Namic Copy Corp. Lee Data Corp. Hickman, Luann Children's Habilitation Center, Inc. Children's Habilitation Center, Inc. Illinois, University of Will County Prairie Farms Dairy Beckley-Cardy Co. Perkin Elmer Corp. Mack, David W., M.D., S.C. Wilson Tire Co. Sorce, Angelo C., M.D. Bruetman, Martin E., M.D. Shover, Jayne, Easter Seal Rehab. Center Gnade, Gerard R . , Jr., M.D. Gnade, Gerard R., Jr., M.D. Gnade, Gerard R., Jr., M.D. Gnade, Gerard R., Jr., M.D. Metropolitan Sanitary Dist. of Greater Chicago Metropolitan Sanitary Dist. of Greater Chicago 2,750.00 22.00 379.27 225.00 187.50 786.00 453.80 274.81 104.53 77.98 148.95 65.99 21.60 97.28 665.10 23.36 144.60 48.25 7,954.00

395.25 376.79 60.45 1,468.84 309.76 168.35 54.32 1,180.80 490.00 39.00 24.50 25.00

305.08 292.30 781.00 320.00 80.00 431.38 380.80

265

87-CC-0295 87-CC-0296 87-CC-0305 87-CC-0309 87-CC-0318 Passavant Area Hospital University Neurosurgical Assoc. Seville Temporary Services Office Supply Co. Downers Grove Chamber of Commerce 87-C C -0320 Gallaudet College 87-CC-0321 Gallaudet College 87-CC-0325 Craig, Milan J. 87-CC-0326 Illini Moving & Storage, Inc. 87-CC-0327 Southern Illinois University 87-CC-0328 Illinois, University of, Central Stores 87-CC-0338 Bethphage Community Services 87-CC-0339 Bethphage Community Services 87-CC-0340 Bethphage Community Services 87-CC-0341 Bethphage Community Services 87-CC-0342 Bethphage Community Services 87-CC-0343 Bethphage Community Services 87-CC-0344 Bethphage Community Services 87-CC-0345 Bethphage Community Services 87-CC-0346 Bethphage Community Services 87-CC-0347 Bethphage Community Services 87-CC-0348 Bethphage Community Services 87-CC-0349 Bethphage Community Services 87-C C-0350 Bethphage Community Services 87-CC-0351 Bethphage Community Services 87-CC-0358 Hicks, J. Ellis 87-CC-0361 Ramos, Edith 87-CC-0362 Lewis, David H. 87-CC-0366 HBJ Beckley-Cardy 87-CC-0369 Chicago University Hospital 87-CC-0371 Honeywell Information Systems 87-CC-0372 Grant, Joanne D. 87-CC-0376 Means Services 87-CC-0383 St. James Hospital 87-CC-0386 Ragan Communications 87-CC-0388 Goldberg, Efraim 87-CC-0389 Dachs, Simcha 87-CC-0390 Thornton Motors 87-CC-0392 Steigerwald, Clarke A. 87-CC-0401 Memije, Romeo R., M.D. 92.20 270.00 699.00 388.80 1,600.00 361.45 292.50 155.00 2,962.04 87.90 142.70 2,791.13 1,387.91 770.78 679.64 648.44 598.56 505.10 498.80 498.80 353.57 327.66 299.28 53.34 52.59 1,356.02 94.77 111.00 109.90 94.00 83,093.25 170.40 62.88 90.00 35.52 1,350.00 2,400.00 2,639.38 2,000.00 24.50

266

87-CC-0404 Rock River Collection Agency 87-CC-0410 Carpetville 87-CC-0412 Community College Dist. 508 87-CC-0417 Lee Data Corp. 87-CC-0418 Lincoln Paving Co. 87-CC-0419 Fox, Josephine 87-CC-0423 Meyerhoff, Retha R. 87-CC-0427 Office Store Co. 87-CC-0428 Office Store Co. 87-CC-0430 IBM 87-CC-0442 Levy-Calatzer, Robert M., M.D. 87-CC-0446 St. Mary of Providence School 87-CC-0448 A T & T Consumer Sales & Service 87-CC-0449 Southern Illinois Clinic, Ltd. 87-CC-0450 Southern Illinois Clinic, Ltd. 87-CC-0456 Rockford Mass Transit Dist. 87-CC-0459 Riverside Medical Center 87-CC-0460 Standard Parking Service 87-CC-0463 Yanson, Peter 87-CC-0466 Hromecks, Diane, Court Reporters 87-CC-0467 Hoyleton Children's Home 87-CC-0468 Hoyleton Children's Home 87-CC-0470 Community College Dist. 508, Board of Trustees 87-CC-0482 Venture Stores 87-CC-0483 Venture Stores 87-CC-0484 Venture Stores 87-CC-0487 RMC, Inc. 87-CC-0491 Polainer, Edward J. 87-CC-0492 St. Joseph Hospital 87-CC-0497 Shepherds/McGraw-Hill 87-CC-0500 Marine Bank of Springfield 87-CC-0504 Keating, Annette M. 87-CC-0506 S & S Arts & Crafts 87-CC-0515 Hudson, Grace 87-CC-0517 Maxson, Scott F. 87-CC-0519 Shell Oil 87-CC-0520 Oberlander Communications Systems, Inc. 87-CC-0522 Barry, T. C., Electric 87-CC-0527 Malik, Rashidah, M.D. 279.67

300.00 135.00 1,387.26 191.40 190.50 35.00 243.50 102.00

3,500.00

400.00 985.52 111.65 75.00 92.00 28.00 62.40 150.00

3,133.62

66.00 8,947.26 1,828.96

79.00 201.15 195.92 136.72 173.20 204.00 630.95 171.50 2,307.79 614.00 138.19 90.71 234.13 90.46 139.40 5,447.47 27.00

267

87-CC-0529 87-CC-0531 87-CC-0533 87-CC-0535 87-CC-0536 87-CC-0539 87-CC-0541 87-CC-0546 87-CC-0547 87-CC-0548 87-CC-0549 87-CC-0550 87-CC-0553 87-CC-0554 87-CC-0555 87-CC-0556 87-CC-0559 87-CC-0560 87-CC-0562 87-CC-0564 87-CC-0566 87-CC-0567 87-CC-0568 87-CC-0571 87-CC-0573 87-CC-0574 87-CC-0575 87-CC-0578 87-CC-0581 87-CC-0586 87-CC-0587 87-CC-0588 87-CC-0589 87-CC-0590 87-CC-0591 87-CC-0601 87-CC-0602 87-CC-0607 Moore, Jennifer L. Oxford University Press U.S. Elevator Corp. Clinton County Coroner, David A. Moss Elgin Automatic Transmissions Federal Express Central Baptist Children's Home Continental Group, Inc. Kaleidoscope, Inc. Kaleidoscope, Inc. Hermon, Manorama, M.D. Hermon, Manorama, M.D. Richardson, Streeter; by Ilene Lee North Shore Association for Retarded Citizens 3 Cotton, Diane Health Care Medical Foundation Danville Electric Supply; Div. of Springfield Electric Supply CO. Denson Shops, Inc. Xerox Corp. Associated Radiologists of Joliet Murdale True Value, Inc. Moore, Ella J. Wang Laboratories, Inc. Mid-West Autowise, Inc. Field & Shorb Co. Geodimeter, Inc. Trots, Thomas Lydia Home Assn. Refrigeration Distributing CO. Alexander Management Ebsco Subscriptions IBM IBM IBM 221.00 46.69 270.00 443.20 57.54 71.00 5,775.30 335.70 8,668.85 6,137.98 25.05 40.90 1,800.00 1,284.90 178.87 90.00 2,088.00 189.59 349.40 19.50 2,593.88 877.25 125.00 87.04 120.00 790.00 65.00 1,151.96 1,159.98 4,148.57 123.80 1,744.60 1,868.00 328.00

IBM

Beckley-Cardy Co. Beckley-Cardy Co. Talaga Sheet Metal Co.

256.00

254.20 39.08 705.46

268

87-CC-0608 87-CC-0609 87-CC-0611 87-CC-0612 87-CC-0615 87-CC-0616 87-CC-0617 87-CC-0618 87-CC-0619 87-CC-0621 87-CC-0622 87-CC-0623 87-CC-0624 87-CC-0625 87-CC-0626 87-CC-0627 87-CC-0628 87-CC-0629 87-CC-0631 87-CC-0632 87-CC-0633 87-CC-0639 87-CC-0640 87-CC-0641 87-CC-0645 87-CC-0646 87-CC-0647 87-CC-0648 87-CC-0650 87-CC-0652 87-CC-0653 87-CC-0662 87-CC-0663 87-CC-0664 87-CC-0665 87-CC-0669 87-CC-0671 87-CC-0672 87-CC-0675 87-CC-0679 87-CC-0680 Rampona, Douglas M., M.D. Riddell, Margaret 211 West Wacker Drive Baird, Donna Little City Foundation Little City Foundation Little City Foundation Little City Foundation Resurrection Hospital Resurrection Hospital Resurrection Hospital Resurrection Hospital Resurrection Hospital Resurrection Hospital Resurrection Hospital Resurrection Hospital Resurrection Hospital o Resurrection Hospital Resurrection Hospital Resurrection Hospital Resurrection Hospital Vega International Travel Service Austin Radiology Memorial Hospital Staley Building Corp. Illinois Theatre Center Suburban Door Check & Lock Serv. St. Mary's Hospital, Decatur Catholic Charities of Chicago Illinois Dept. of Public Aid Monroe Truck Equipment Datronics Management Albers Automotive Zwartz, Thomas A. Lampros, John, Assoc. Tejada, F. C., M.D. MSL Corp. Duncan Supply Co. Mt. Morris, Village of Levi, Ray & Shoup Hannan Supply Co.

35.00 60.80 13,202.53 155.80 4,172.00 4,172.00 4,172.00 4,013.76 2,431.20 573.50 395.90 392.50 327.00 285.80 246.75 176.00 172.50 130.00

76.65

75.75 28.75 78.00 15.00 98.93 14,433.92 1,077.40 1,581.90 5,098.80 700.00 12.17 637.32 224.00 620.08 150.00 6,797.66

25.00

7,410.00 1,809.00 617.72 11,660.00 627.76

269

87-CC-0681 87-CC-0683 87-CC-0684 87-CC-0685 87-CC-0687 87-CC-0688 87-CC-0689 87-CC-0691 87-CC-0692 87-CC-0693 87-CC-0694 87-CC-0698 87-CC-0699 87-CC-0700 87-CC-0703 87-CC-0704 87-CC-0705 87-CC-0706 87-CC-0707 87-CC-0708 87-CC-0709 87-CC-0710 87-CC-0711 87-CC-0712 87-CC-0713 87-CC-0714 87-CC-0715 87-CC-0717 87-CC-0718 87-CC-0720 87-CC-0721 87-CC-0723 87-CC-0724 87-CC-0725 87-CC-0726 87-CC-0728 87-CC-0730 87-CC-0732 87-CC-0739 87-CC-0740 87-CC-0741

IB M IBM IBM IBM

Weiss Memorial Hospital

939.75 430.74 90.00 18.90 145.00

Illinois Bell Communications Lawyers C-Op Publishing Hancock County Recorder Schuler, John, Psy. D. Farmer, Rosalie Pana Iron Store Austin Radiology Assoc. Science Research Assoc. Randell, Daniel Henricksen & Co. American White Goods Co. K-Mart Corp. Flaghouse, Inc. Community College Dist. 508 Community College Dist. 508 Community College Dist. 508 Community College Dist. 508 Community College Dist. 508 Community College Dist. 508 Community College Dist. 508 Community College Dist. 508 Midland International Wiley Office Equipment Co. Stark, Barbara IBM Children's Habilitation Center Aid to Retarded Citizens, Inc. Aid to Retarded Citizens, Inc. Illinois Bell Telephone Co. Illinois Bell Telephone Co. Howard Johnson Lodge Cragin Dept. Store Miller, Charles W. Resurrection Hospital Resurrection Hospital Resurrection Hospital

650.00

1,457.60 18.00 250.00 500.00 83.82 63.70

1,255.00 490.52 3,963.90

288.00 201.26 199.00 431.00 342.00 365.00 296.00 227.00 158.00 158.00 69.00 108,041.46 2,520.00 19.65 380.50 539.26 5,270.98 130.60 2,754.84 2.41.86 32.70 301.81 780.00 3,320.15 484.55 214.00

270

87-CC-0744 87-CC-0745 87-CC-0746 87-CC-0747 87-CC-0753 87-CC-0754 87-CC-0755 8702-0757 87-CC-0760 87-CC-0762 87-CC-0763 87-CC-0764 87-CC-0766 87-CC-0767 87-CC-0768 87-CC-0770 87-CC-0771 87-CC-0772 87-CC-0773 87-CC-0774 87-CC-0776 87-CC-0777 87-CC-0778 87-CC-0779 87-CC-0785 87-CC-0787 87-CC-0788 87-CC-0789 87-CC-0792 87-CC-0793 87-CC-0794 87-CC-0795 87-CC-0797 87-CC-0799 87-CC-0800 87-CC-0801 87-CC-0802 87-CC-0804 87-CC-0805 Prater, Elaine

IBM IBM

Monroe Truck Equipment Neenah Foundry Riverside Medical Center U.S. Geological Survey Flowers, Mable Morris, Marjorie Northeastern Illinois University Northeastern Illinois University Northeastern Illinois University ,, Northeastern Illinois University Northeastern Illinois University Northeastern Illinois University Effingham Builders Supply Field & Shorb Co. Phillips 66 Go. Phillips 66 Co. Joliet Junior College Chanen's, Inc. Eastern Illinois University Amlings Flowerland Gateway Motor Inn, Inc. Warning Lites of Illinois Moore, James C., M.D. Moore, James C., M.D. Logan, John A., College Wang Laboratories, Inc. Igini, John P., M.D. Kantamneni, S., M.D. St. Therese Medical Center Illinois, University of, Board of Trustees Carasso, Ben, M.D. Illinois Bell Telephone Co. Illinois Bell Telephone Co. Community Home Environment for Learning Project Orthopedic Assoc. of Streator Worm, Hollis D.

55.48 3,613.38 766.00 4,745.15

,

880.00

100.00 75.00 412.39 147.97 690.00 437.00 458.50 276.00 691.50 409.50 997.75 140.40 148.79 8.42 180.00 1,680.00 400.00 22.98 32.10 10,166.00 165.00 150.00 336.06 2,772.00 4,505.00 8.00 30.00 1,170.00 311.00 194.81 172.24 305.00 58.00

886.40

271

87-CC-0808 87-CC-0809 87-CC;OSlO 87-CC-0811 87-CC-0813 87-CC-08% 87-CC-0825 87-CC-0828 87-CC-0829 87-CC-0830 87-CC-0831 87-CC-0832 87-CC-0836 87-CC-0837 87-CC-0839 87-CC-0840 87-CC-OS41 87-CC-0842 87-CC-0843 87-CC-0844 87-CC-0845 87-CC-0846 87-CC-0847 87-CC-OM8 87-CC-0849 87-CC-0850 87-CC-0851 87-CC-0852 87-CC-0853 87-CC-0854 87-CC-0855 87-CC-0856 87-CC-0857 87-CC-0858 87-CC-0859 87-CC-0860 87-CC-0861 87-CC-0862 87-CC-0863 87-CC-0868 87-CC-0869 Concurrent Computer Corp. Price, Gary R. Transport Mobile Cleaning Bennett, Robert R. Carroll Seating Co. Richards & Stehman Valcom Computer Center Integrated Business Systems Volunteer Services of Iroquois C O. Patten Tractor & Equipment Co. Danmar Products, Inc. Northern Illinois Gas CO. Palos Neuropsychiatric Institute Pitney Bowes Allsteel, Inc. IBM Monroe Truck Equipment Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Massac Memorial Hospital Patterson, Lisa 0. Riley, Susan M.

2,010.50

64.22 280.00 590.00 725.50 426.60 980.00 6,660.00 318.00 237.12 97.60 12,419.68 22.50 563.75 319.53 1,074.32 41,551.00 5,137.40 2,586.83

64.35

59.25 51.50 40.50

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39.00 37.00 32.75 32.75 32.00 27.60 23.00 23.00 20.25 15.00 14.00 12.00 11.00 11.00 7.00 6.25 500.00 123.29

272

87-CC-0870 87-CC-0873 87-CC-0880 87-CC-0881 87-CC-0882 87-CC-0883 87-CC-0884 87-CC-0885 87-CC-0886 87-CC-0887 87-CC-0895 87-CC-0896 87-CC-0897 87-CC-0899 87-CC-0900 87-CC-0901 87-CC-0902 87-CC-0910 87-CC-0912 87-CC-0915 87-CC-0917 87-CC-0918 87-CC-0919 87-CC-0920 87-CC-0923 87-CC-0926 87-CC-0927 87-CC-0929 87-CC-0931 87-CC-0932 87-CC-0934 87-CC-0935 87-CC-0937 87-CC-0938 87-CC-0945 87-CC-0947

IBM Armitage Hardware Roulas Associates Architects Tenney Sales, Inc. Integrated Development & Manufacturing Co. Community College Dist. 508, Board of Trustees Community College Dist. 508, Board of Trustees Community College Dist. 508, Board of Trustees Safety Kleen Corp. Lincoln College Phillips 66 Co. Carter, Henry Lee Gliottoni, John, Jr. Howard Johnson Lodge Lewis University Austin Radiology Assoc. American Bar Association Van De Walle, Kristy L. Friend and Associates Consultants American White Goods Co. Kankakee Community College Scott Emergency Medical ELLR Consultants Malloy, Kenneth J. Office Store Co. McGuire Reporting Service McGuire Reporting Service McGuire Reporting Service McGuire Reporting Service McGuire Reporting Service McGuire Reporting Service McGuire Reporting Service McGuire Reporting Service McGuire Reporting Service McGuire Reporting Service Sorling, Northrup, Hanna, Cullen & Cochran

777.55 190.50 2,177.87 1,783.50 28,775.00

250.00

204.00 148.00 211.50 1,425.00 35.32 82.65 3,036.78 32.70 712.50 395.00 32.00

221.00

427.50 1,598.17 2,324.84 468.00 472.50 686.67 19.00 435.10 532.20 40.00 40.00 32.50 82.80 50.00 870.30 50.35 274.05 3,038.88

273

87-CC-0948 87-CC-0949 87-CC-0950 87-CC-0952 87-CC-0963 87-CC-0965 87-CC-0966 87-CC-0967 87-CC-0969 87-CC-0972 87-CC-0973 87-CC-0977 87-CC-0979 87-CC-0981 87-CC-0982 87-CC-0983 87-CC-0986 87-CC-0989 87-CC-0993 87-CC-0994 87-CC-0996 87-CC-0998 87-CC-1001 87-CC-1002 87-CC-1003 87-CC-1004 87-CC-1005 87-CC-1006 87-CC-1008 87-CC-1009 87-CC-1011 87-CC-1012 87-CC-1016 87-CC-1018 87-CC-1019 87-CC-1023 87-CC-1024 87-CC-1025 87-CC-1026 Martin Implement Sales Bennett, Charlestine City Lighting Products CO. Stevens, John N. Kantamneni, S., M.D. Clausen Hardware St. James Hospital Medical Center American Computer Supply Kohn, William Wiggins, Jeff A. Williams, Sylvia McCullagh Leasing Carraway, Victor Lamont 112.45 64.81 1,150.20 1,013.00 8.00 1,871.52 3,395.65 320.12 122.39 99.00 45.00 556.37 825.00 3,107.67 4,666.08 130.50 3,187.60 1,984.19 222.60 1,616.25 22,910.15 24.00 1,375.00 1,200.00 900.00 900.00 750.00 640.00 1,288.00 826.17 223.00 1,583.28 353.05 5,790.00 84.00 66.00 245.79 143.50 780.00

IBM Corrections, Dept. of; Illinois Correctional industries Corrections, Dept. of; Illinois Correctional Industries Cadillac Glass Co. Monroe Systems for Business, Inc. Dec-Art Designs, Inc. Chanen's, Inc. Bertocchi Plumbing, Inc. St. Elizabeth Hospital Stagg, Brian Bergquist, Peter Stiles, Eric A. Jerne-Duffy, Jacqueline Meyer, Sheryl A. Adams, Darlene Carroll Seating Co. Kincaid, Norma F. Taylor Rental Center G s R Plumbing & Heating, Inc. Weller's Farm Fresh Faith Products Corp. Dias, Luciano, M.D. Sky Harbor Inn Lake View Ford-Mercury Southern Illinoisan Newspaper Johnson, Dale R.

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274

87-CC-1027 87-CC-1030 87-CC-1031 87-CC-1032 87-CC-1034 87-CC-1035 87-CC-1036 87-CC-1037 87-CC-1038 87-CC-1039 87-CC-1040 87-CC-1047 87-CC-1048 87-CC-1049 87-CC-1051 87-CC-1052 87-CC-1053 87-CC-1054 87-CC-1057 87-CC-1058 87-CC-1059 87-CC-1060 87-CC-1061 87-CC-1064 87-CC-1065 87-CC-1066 87-CC-1067 87-CC-1068 87-CC-1069 87-CC-1070 87-CC-1071 87-CC-1072 87-CC-1074 87-CC-1075 87-CC-1076 87-CC-1077 87-CC-1083 87-CC-1084 87-CC-1086 87-CC-1087 87-CC-1088 Gallo, Mario M., Dr. Flagg Construction Co. Gnade, Gerard R., Jr., M.D. Gnade, Gerard R., Jr., M.D. Ingalls Memorial Hospital St. Mary's Hospital Gnade, Gerard R., Jr., M.D. Columbia Books, Inc. Koty, Eileen Northside International, Inc. Northside International, Inc. Union Roofing Co., Inc. Giuffre Buick, Inc. Schultz, Joy Order From Horder St. Elizabeth's Hospital Elliott Dist. Co. Beckley-Cardy Co. Nomura, Roy, M.D. St. Therese Medical Center St. Therese Medical Center St. Therese Medical Center Howard Johnson Motor Lodge Pavlik, Edward J., D.D.S. DeSoto Grade School Dist. #86 Specialized Medical Imaging Phillips 66 Co. Curtin Matheson Scientific Global Equipment Co. Amoco Oil Co. Amoco Oil Co. Amoco Oil Co. Lincoln Square Electrical Supply Co. Office Supply Co. Smithkline Bio-Science Lab Family Care Services Stewart Oil Co. T o m b , James M. Ponderosa Motor Inn Southworth, Mike Chanen's, Inc. 250.00 7,068.00 104.00 30.50 925.15

34.00

1,804.65 58.00

210.00

83.63 61.23 6,650.64 17.50 650.00 19.96 340.20 28,200.00 86.03 1,229.50 52.00 39.60 16.80 31.80 130.00 200.00 200.00 81.51 310.15 4,989.60 298.45 80.37 26.89 948.55 895.00 39.50 100.00 431.20 497.80 110.40 478.30 6,786.00

275

87-CC-1089 87-CC-1090 87-CC-1091 87-CC-1092 87-CC-1093 87-CC-1094 87-CC-1097 87-CC-1098 87-CC-1099 87-CC-1101 87-CC-1103 87-CC-1104 87-CC-1106 87-CC-1107 87-CC-1108 87-CC-1109 87-CC-1110 Chanen's, Inc. Chanen's, Inc. Chanen's, Inc. Chanen's, Inc. Chanen's, Inc. Helfrich, H. M. Chanen's, Inc. Thornton Community College Quad City Radiologists Sears, Roebuck & Co. Domtar Industries, Inc. Standard Electric Time Corp. Wang Labs Community College Dist. 508, Board Trustees Community College Dist. 508, Board Trustees Community College Dist. 508, Board Trustees Community College Dist. 508, Board Trustees Illini Supply, Inc. Central Corridor Communications Resurrection Hospital Mid Continent Pipe & Supply Co., Inc. Valcom Computer Center Fechheimer Brothers Co. D & B Computing Services, Inc. Marc Plaza Hotel Engle and Co. Rahamn, Aziz, Dr. Desk & Door Nameplate Co. Wertz Alignment, Inc. Design Furniture & Systems of Illinois Colley Elevator Co. Williams, Linda L. Warren Chevrolet Finkel, Donald C. Springfield Van & Storage Co. . St. John's Hospital Midland Area Agency on Aging 3,189.60 2,414.45 1,512.50 133.80 36.00 375.84 1,680.00 410.18 406.50 615.22 870.41 1,229.00 4,205.46

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27,824.00 of 319.00

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319.00 of 148.00 47.24 28.00 2,510.20 1,522.25 322.20 715.00 300.00 163.17 77.96 150.00 197.25 155.00 50.03 1,015.00 18.00 80.69 469.00 83.50 327.08 260.00

87-CC-ll ll 87-CC-1112 87-CC-1113 87-CC-1115 87-CC-1116 87-CC-1118 87-CC-1120 87-CC-1121 87-CC-1123 87-CC-1124 87-CC-1125 87-CC-1126 87-CC-1127 87-CC-1128 87-CC-1130 87-CC-1134 87-CC-1140 87-CC-1142 87-CC-1144 87-CC-1145

276

87-CC-1146 87-CC-1149 87-CC-1150 87-CC-1151 87-CC-1152 87-CC-1154 87-CC-1155 87-CC-1156 87-CC-1157 87-CC-1160 87-CC-1162 87-CC-1167 87-CC-1169 87-CC-1170 87-CC- 1171 87-CC-1172 87-CC-1173 87-CC-1174 87-CC-1176 87-CC-1177 87-CC-1178 87-CC-1179 87-CC-1181 87-CC-1182 87-CC-1186 87-CC-1192 87-CC- 1193 87-CC-1201 87-CC-1202 87-CC-1203 87-CC- 1207 87-CC-1208 87-CC-1209 87-CC-1210 87-CC-1211 87-CC-1212 87-CC-1213 Riverside Medical Center Alton YWCA Zanetti, Claude L., M.D. Micro Croup, Inc. Merkels, Inc. Federal Express, Revenue Recovery Dept. Rock Island County Health Dept. Denard, Gladys Community College Dist. 508, Board of Trustees Safety Kleen Corp. Leslie, Roy Craft & Loesch Gordon, Colette, M.D. Keister's, Inc. W. F. Industries W. F. Industries International Salt Co. Community College Dist. 508, Board of Trustees Riverside Medical Center Venture Stores American Academic Suppliers Small World Children's Center Consultants in Neurology, Ltd. Consultants in Neurology, Ltd. Community College Dist. 508, Board of Trustees VWR Scientific Child Sexual Abuse Treatment & Training Center of Illinois Ushman Communications Co. Howard Johnson Motor Lodge Ahasic, Gary L., D.M.D. Haymon, Anna Pitney Bowes Pitney Bowes Simmons, Jill Energy Absorption Systems, Inc. Rock, Ken, Community Center Illinois Correctional Industries 387.20 413.64 1,185.00 340.00 24.90 25.00 555.91 525.54 158.00 56.00 354.44 16,619.89 45 .OO 27.84 120.00 1,170.50 569.76 79.00 98.05 201.19 447.66 480.00 60.80 450.00 158.00 800.20 584.33 29.95 31.80 438.00 83.45 135.88 83.50 278.00 17,661.91 154.00 1,215.00

i

87-CC-1214 87-CC-1215 87-CC-1217 87-CC-1218 87-CC-1220 87-CC-1222 87-CC-1223 87-CC-1224 87-CC-1227 87-CC-1231 87-CC-1232 87-CC-1234 87-CC-1235 87-CC-1237 87-CC-1238 87-CC-1239 87-CC-1246 87-CC-1247 87-CC-1248 87-CC-1249 87-CC-1250 87-CC-1251 87-CC-1252 87-CC-1253 87-CC-1255 87-CC-1258 87-CC-1259 87-CC-1260 87-CC-1262 87-CC-1263 87-CC-1267 87-CC-1268 87-CC-1270 87-CC-1271 87-CC-1273 87-CC-1274 87-CC-1275 87-CC-1276 87-CC-1277 87-CC-1278

277

3,228.80 Fechheimer Brothers CO. 158,250.00 Rustman Bus Sales, Inc. 202.00 Slack, Mrs. Delois 17.00 McConnell, Carol P. 40,329.51 Lake Land College 465.21 Montgomery Ward 296.72 Montgomery Ward 352.87 OBryant, Ann 5,930.72 Edward, John, Construction Co. 24,031.90 Children's Home & Aid Society of Illinois 6,560.00 Digital Equipment Corp. 95.00 Pitney Bowes 50.58 Geiser, John, Dr. 105.24 Koffler Sales 400.00 McCracken, John E., M.D. 441.00 Pleasure Driveway and Park Dist. of Peoria 3,565.00 Bergen Construction Co. Correction, Dept. of; Illinois Correctional 410.61 Industries 41.00 Massac Memorial Hospital 170.05 Massac Memorial Hospital 164.50 Massac Memorial Hospital 54.00 Massac Memorial Hospital 228.00 IBM 289.89 IBM 480.00 Fountain Bluff Fish Farm 500.25 Thonet Industries, Inc. 155.00 Dental Arts Laboratory, Inc. 679.80 Universal Home Health d/b/a/ Quality Care 452.96 Illinois Bell Telephone Co. 187.15 Illinois Bell Telephone Co. 2,005.74 Stickney Public Health District 6.60 Hohulin Brothers Fence Co. 54.00 Blue Island Radiology Consultants, S.C. 13.00 Blue Island Radiology Consultants, S.C. 77.04 Kellner, M. J., Co. 109.80 Kellner, M. J., Co. 251.94 Kellner, M. J., Co. 383.00 Kellner, M. J., Co. 682.28 Kellner, M. J., Co. 4,708.86 Kellner, M. J., Co.

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278

87-CC-1279 87-CC-1280 87-CC-1282 87-CC-1283 87-CC-1284 87-CC-1285 87-CC-1286 87-CC-1294 87-CC-1295 87-CC-1296 87-CC-1297 87-CC-1310 87-CC-1311 87-CC-1312 87-CC-1314 87-CC-1315 87-CC-1323 87-CC-1326 87-CC-1327 87-CC-1328 87-CC-1333 87-CC-1335 87-CC-1336 87-CC-1337 87-CC-1338 87-CC-1339 87-CC-1340 87-CC-1341 87-CC-1347 87-CC-1348 87-CC-1352 87-CC-1353 87-CC-1354 87-CC-1355 87-CC-1356 87-CC-1357 87-CC-1358 87-CC-1359 87-CC-1360 87-CC-1361 87-CC-1363 Heidelberg Eastern, Inc. Orthopedic Associates of Kankakee Bond County Health Department McCorkle Court Reporters, Inc. McCorkle Court Reporters, Inc. McCorkle Court Reporters, Inc. McCorkle Court Reporters, Inc. McCorkle Court Reporters, Inc. Garcia, Maria C. Medical Arts Clinic of Dixon Ryder Truck Rental, Inc. Community Care Systems, Inc. Community Care Systems, Inc. Community Care Systems, Inc. Community Care Systems, Inc. Community Care Systems, Inc. Hamilton Protective Coatings, Inc. Western Illinois University Directions Metropolitan, Inc. Hewlett-Packard Cardinal Glass Co. Kaplan, Sidney J., M.D., S.C. Kaplan, Sidney J., M.D., S.C. Kaplan, Sidney J., M.D., S.C. Liberty Advertising Agency, Inc. Browning, Karen Susan, M.S.W. Liberty Advertising Agency, Inc. Liberty Advertising Agency, Inc. Lakeside Coast to Coast Illini Supply, Inc. Nendels Motor Inn South Suburban Hospital South Suburban Hospital Main Street Motel, Ltd. Montgomery Ward Montgomery Ward Hange, Patricia Scott, John M., Center Universal Home Health d/b/a Quality Care Price, Eddie Young, Jerome B. 690.12 68.00 60.00 58.00 348.00 48.50 78.75 2,062.60 545.30 2,852.75 4,271.84 52.92 248.00 284.70 552.00 2,929.08 46.25 2,080.94 2,211.21 60.00 248.50 33.61 16.24 8.61 806.76 245.00 2,882.76 806.76 118.21 40.22 38.15 132.40 3,650.65 278.80 141.00 786.78 132.00 2,254.72 535.50 188.63 190.00

279

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250.00

3,478.00 700.00 42,103.51

200.00 212.50 115.40

58.00 121.25 134.60 77.60 1,589.00 1,842.00 386.16 38.85 10,379.70 534.50 352.80 133.20 84.00 400.00 146.22 a8.52 163.85 89.00 370.00 6,876.42 162.00 228.00 413.13 900.00 401.44 1,461.60

280

87-CC-1484 87-CC-1485 87-CC-1486 87-CC-1487 87-CC-1489 87-CC-1490 87-CC-1491 87-CC-1492 87-CC-1495 87-CC-1496 87-CC-1497 87-CC- 1498 87-CC-1499 87-CC-1501 87-CC-1511 87-CC-1512 87-CC-1513 87-CC-1514

87-CC-1515

Galena-Jo Daviess County History Museum Egyptian Concrete Co. Egyptian Concrete Co. Rogers, Robert K. Prussing, Laurel Lunt Batavia Concrete, Inc. Rincker, Ruth Builders Plumbing Supply Co. Turpin Motors, Inc. Keen, Walterine Simpson, Gregory G. St. Mary's Hospital Thonet Industries, Inc. HNU Systems, Inc. DuPage County Youth Home Pitney Bowes Cannonball, Inc. Ramada Inn

Johnson, Terry

1,104.00 16,532.50 15,376.00 52.75 68.60 1,081.50 240.00 138.00 33.00 55.00 503.00 1,995.10 15,530.00 507.41 630.00 429.75 139.45 457.80

1,261.77

87-CC-1520 87-CC-1528 87-CC-1536 87-CC-1537

87-CC-1546

87-CC-1547 87-CC-1548 87-CC-1550 87-CC-1552 87-CC-1553 87-CC-1556 87-CC-1579 87-CC-1580 87-CC-1585 87-CC-1587 87-CC-1588 87-CC-1589 87-CC-1590 87-CC-1591 87-CC-1594

General Electric Supply Co. Wilson, Donna R. McCorkle Court Reporters, Inc. McCorkle Court Reporters, Inc. Soderstrom Dermatology Center, S.C. Soderstrom Dermatology Center, S.C. Soderstrom Dermatology Center, S.C. Bethany Home Smith, Kenneth A. Covenant Children's Home & Family Services Illinois Dept. of Public Aid Soderstrom Dermatology Center, S.C. Soderstrom Dermatology Center, S.C. Contel Business Systems, Inc. d/b/a Contel Executone Omnifax Omnifax Omnifax St. Therese Medical Center Howard Johnson Motor Lodge Howard Johnson Motor Lodge

307.65 200.00 101.35 99.75 52.30 58.00 14.35 100.00 64.50 1,539.18 14.04 52.30 91.00 166.68 346.00 314.50 244.50 99.40

100.00 63.80

281

87-CC-1597 87-CC-1598 87-CC-1600 87-CC-1603 87-CC-1604 87-CC-1608 87-CC-1609 87-CC-1610 87-CC-1611 87-CC-1612 87-CC-1613 87-CC-1614 87-CC-1615 87-CC-1617 87-CC-1618 87-CC-1619 87-CC-1620 87-CC-1621 87-CC-1622 87-CC-1623 87-CC-1632 87-CC-1636 87-CC-1642 87-CC-1643 87-CC-1644 87-CC-1645 87-CC-1646 87-CC-1647 87-CC-1648 87-CC-1650 87-CC-1651 87-CC-1652 87-CC-1653 87-CC-1654 87-CC-1658 87-CC-1661 87-CC-1664 87-CC-1668 87-CC-1669 87-CC-1670 87-CC-1675 Howard Johnson Motor Lodge Howard Johnson Motor Lodge Miceli, Linda M. Hisek, Jeannette Three Sisters Scott, Evelyn Welding Industrial Supply Co. Illini Union Bookstore Fleming, J. Robert, D.D.S. Eichenauer Services, Inc. Segrist, James E., M.D. Segrist, James E., M.D. Kenzal, Larry Lugo, Robert Lugo, Robert Haralampopoulos, Anastasia Montgomery Elevator Co., Inc. Cavett Pharmacy Moore, Sumner D. Manpower Carle Clinic Assn. Northeastern Illinois University Sparkling Spring Water Co. Illini Power Products Waukegan Welding Supply Uselton Oil Co. Reliance Elevator Co. Graybar Electric Co. Mead Johnson & Co. Glenkirk Glenkirk Larkin Home For Children Stacoswitch Honeywell Information Systems Word Technology Systems, Inc. Criswell, Chris T. Laboratory & Pathology Physicians Wang Laboratories, Inc. Crumpler Cartage Co. Eubank, Carwin Roberts Frame & Axle Service 31.90 31.90 300.00 21.00 198.02 268.24 24.75 306.01 80.00 92.88 450.00 150.00 200.00 82.00 82.00 300.00 117.08 234.84 99.00 221.09 62.00 148.50 43.35 42.55 21.00 74.23 6,722.OO 2,352.00 69.12 2,306.60 832.80 334.90 814.25 31,923.00 68.00 157.50 4,692.50 701.27 55.46 450.00 666.80

282

87-CC-1676 87-CC-1677 87-CC-1687 87-CC-1689 87-CC-1690 87-CC-1691 87-CC-1695 87432-1696 87-CC-1697 87-CC-1699 87-CC- 1700 87-CC- 1702 87-CC-1703 87-CC-1704 87-CC-1708 87-CC-1709 87-CC-1712 87-CC-1717 87-CC-1718 87-CC-1719 87-CC-1720 87-CC-1721 87-CC-1722 87-CC-1727 87-CC-1729 87-CC-1734 87-CC-1737 87-CC-1743 87-CC-1745 87-CC-1746 87-CC-1749 87-CC-1750 87-CC-1751 87-CC-1754 87-CC-1755 87-CC-1757 87-CC-1761 87-CC-1762 87-CC-1763 87-CC-1764 Moore, Sumner D. Knoll, Linda S. Structural Rubber Products Co. Avant-Garde Computing, Inc. Woodhaven Learning Center NAPA Auto Supply Prismo Safety Corp. Connolly, Stephen J. West Publishing Co. Kelly Services, Inc. Iroquois Memorial Hospital Action Office Supply Johnson, James J. University Microfilms International Sriratana, Pramern Office Supply Co. Stocks, Inc. Elim Christian School Elim Christian School Community College Dist. 511, Board of Trustees, Rock Valley College Joliet Surgery & Health Care Bass, Richard M., M.D. Leiter, Leiter & Sahn Skokie Valley Hospital Carreira, Rafael, M.D. Illinois Correctional Industries Harris Corp. NAD Xerox Corp. Ramada Renaissance Hotel Ramada Renaissance Hotel Community College Dist. 508 Lydia Home Assn. Montgomery Ward St. Elizabeth Medical Center St. Elizabeth Medical Center St. Elizabeth Medical Center Illinois Wesleyan University Graham, Ray, Assn. Clanon, T.L., M.D. Montgomery Ward

500.00 27.66 29,696.48 714.28 342.72 76.35 36.92 617.50 174.50 504.00 28 .OO 205.50 79.00 238.27 50.00 96.85 12,023.20 2,977.60

915.24

25,147.06

24.00

1,102.00 250.00 132.00 100.00 705.00 1,195.00 390.00 150.00 71.50 296.00 584.78 121.68 259.50 259.50 76.70 4,800.00 745.25 11,771.72 478.12

283

87-CC-1765 87-CC-1779 87-CC-1780 87-CC-1781 87-CC-1784 87-CC-1785 87-CC-1786 87-CC-1787 87-CC-1788 87-CC-1789 87-CC-1790 87-CC-1791 87-CC-1798 87-CC-1801 87-CC-1802 87-CC-1804 87-CC-1808 87-CC-1809 87-CC-1811 87-CC-1829 87-CC-1830 87-CC-1831 87-CC-1832 87-CC-1833 87-CC-1834 87-CC-1836 87-CC-1858 87-CC-1860 87-CC-1863 87-CC-1864 87-CC-1865 87-CC-1872 87-CC-1877 87-CC-1879 87-CC-1880 87-CC-1881 87-CC-1891 87-CC-1893 87-CC-1894 87-CC-1895 Globe Glass & Mirror Monahan, James P., M.D. Monahan, James P., M.D. Respond First Aid Systems Oconomowoc Developmental Training Cen.

ter

529.15

35.00

100.00 59.15 425.00 7,831.55 21,333.27 516.54 138.50 52,494.14 237.00 110.00 47.29 324.50 267.63 180.00 120.95 25.00 16.95 5,598.60 3,602.94 395.00 230.90 1,982.50 500.00 4,692.57 814.72 549.25 376.27 352.14 334.26 289.80 152.16 123.11 123.11 119.00 145.76

St. James Hospital Medical Center Rocal, Inc. Creative Travel Center Nelligan, John J. Karoll's, Inc. Community Care Systems, Inc. Community Care Systems, Inc. Illini Supply, Inc. Hotel Pere Marquette Kumar, Nada Portable Sanitation Systems Montgomery Elevator Co., Inc. Plasmier, Lee, Dr. Brahler Tire Mart Wiley Office Equipment Co. Wiley Office Equipment Co. Wiley Office Equipment CO. Tekmar Co. Orchard Village Western Illinois University O'Herron, Ray, Co., Inc. Xerox Corp. Xerox Corp. Xerox Corp. Xerox Corp. Xerox Corp. Xerox Corp. Xerox Corp. Xerox Corp. Xerox Corp. Xerox Corp. Penn, Wesley Williams, Hubert 0. Community Workshop & Training Center Haynes, Wanda

350.00

67,648.32 322.50

284

87-CC-1897 87-CC-1898 87-CC-1899 87-CC-1901 87-CC-1906 87-CC-1908 87-CC-1911 87-CC-1912 87-CC-1913 87-CC-1915 87-CC-1944 87-CC-1945 87-CC-1946 87-CC-1949 87-CC-1951 87-CC-1952 87-CC-1953 87-CC-1954 87-CC-1955 87-CC-1961 87-CC-1976 87-CC-1977 87-CC-2002 87-CC-2003 87-CC-2006 87-CC-2008 87-CC-2009 87-CC-2011 87-CC-2014 87-CC-2023 87-CC-2026 87-02-2027 87-CC-2033 87-CC-2037 87-CC-2038 87-CC-2043 87-CC-2044 87-CC-2045 87-CC-2046 87-CC-2048 87-CC-2049 Barnes Hospital Barnes Hospital Pitney Bowes Slack, Delores Carey's Furniture Co., Inc. Phillips 66 Co. Tag, Inc. Days Inn Tjiook, Gan, M.D., S.C. Tandy Corp. Wood River Township Hospital Hoe Supply Co. Sun Refining & Marketing Illinois Electronic Business Equipment Jumer's Castle Lodge Morris, Robert, College Morris, Robert, College Morris, Robert, College

Gabel, Carry C.

50,359.65 43,423.34 540.12 46.00 10,200.00 13.92 114.80 316.10 1,200.00 7,995.78 1,234.95 450.56 122.54 942.65 45.27 1,900.00 900.00

900.00

1,314.36 550.00 195.07 90.28 1,457.55 195.90 88.16 9,539.61 5,455.55 150.00 5,625.00 45.00 3,182.03 1,655.41 18,642.00 45.00 4,024.86

Roosevelt University Amoco Oil Co. Amoco Oil Co. Stannard Power Equipment Co. Lawyers Co-Operative Publishing Co. Cohen, Marcia Minnesota, University of, Hospital & Clinics Misericordia Home North Quint, Ed Typewriter Service Co. Career Track, Inc. Catholic Social Service of Peoria Catholic Social Service of Peoria Special Services Co. Prime Med Kaleidoscope, Inc. Marathon Petroleum Co. Marathon Petroleum Co. Marathon Petroleum Co. Marathon Petroleum Co. Helix Hydraulic Service Orthopedic Associates of Kankakee

55.84 30.92 15.98 5.00 177.30 2,489.00

285

87-CC-2050 87-CC-2051 87-CC-2052 87-CC-2053 87-CC-2054 87-CC-2056 87-CC-2057 87-CC-2058 87-CC-2066 87-CC-2069 87-CC-2071 87-CC-2075 87-CC-2076 87-CC-2078 87-CC-2079 87-CC-2080 87-CC-2086 87-CC-2089 87-CC-2091 87-CC-2092 87-CC-2093 87-CC-2094 87-CC-2095 87-CC-2096 87-CC-2099 87-CC-2107 87-CC-2lC8 87-CC-2109 87-CC-2110 87-CC-2112 87-CC-2115 87-CC-2116 87-CC-2118 87-CC-2119 87-CC-2121 87-CC-2122 87-CC-2123 87-CC-2131 87-CC-2134 87-CC-2137 159.00 Hyatt Lodge 23.04 Blankenship, E., & CO. 7,449.81 Marshall Industries 65.40 Jumer Hotels, Ltd. 1,016.48 Sievers Auto Body, Inc. 300.00 McLeary, Everett 1,051.00 Prairie Cardiovascular Center 141.35 Allen Foods, Inc. 632.77 Buckeye Gas Products 780.00 Memorial Medical Center Community College Dist. 508, Board of 217.00 Trustees 314.46 Ramada Hotel-Mt. Vernon 1,041.07 Xerox Corp. 57.50 Werner Motor Co. 78.00 Neurological Associates 18.00 Coleman Clinic 2,488.97 Clinic in Altgeld, Inc. 415.00 International Business Machines 1,638.80 St. Mary's Hospital (Decatur) 1,385.15 St. Mary's Hospital (Decatur) 1,233.70 St. Mary's Hospital (Decatur) 912.35 St. Mary's Hospital (Decatur) 447.00 St. Mary's Hospital (Decatur) 33.60 St. Mary's Hospital (Decatur) 90.47 Crossroads Ford Truck Sales, Inc. 46.78 Econo-Car of Chicago 2,882.83 North American Van Lines, Inc. 83.40 Globe Office Supply Co. 84.00 Mercy Center 18.00 Wiley Office Equipment Co. 315.00 Grogan, Edwin L., M.D. 35.00 McCracken, John E., M.D. 464.59 Jacobs, Bill, Motor Car Co., Inc. Scientific Games, Inc. 261,631.95 25.00 Valco Awards and More, Inc. Egizii Electric, Inc. 155.50 Illinois, University of; Board of Trustees 267.49 Rohrbaugh, James R., M.D. 25.00 Buss, Timothy D. 1,329.60 Golden Circle Senior Citizens 4,169.31

87-CC-2139 87-CC-2141 87-CC-2144 87-CC-2146 87-CC-2147 87-CC-2159 87-CC-2161 87-CC-2233 87-CC-2239 87-CC-2248 87-CC-2249 87-CC-2251 87-CC-2252 87-CC-2255 87-CC-2257 87-CC-2259 87-CC-2261 87-CC-2262 87-CC-2267 87-CC -2270 87-CC-2272 87-CC-2287 87-CC-2297 87-CC-2387 87-CC-2388 87-CC-2466 87-CC-2467 87-CC-2472 87-CC-2477 87-CC-2486 87-CC-2488 87-CC-2493 87-CC-2505 87-CC-2506 87-CC-2510 87-CC-2511 87-CC-2512 87-CC-2513 87-CC-2514 87-CC-2531 87-CC-2551

A & R Welding Supply Wilmington, IL Central Illinois Public Service Co. Mobi Corp. Salgado, Angel M. Forestry Suppliers, Inc. Smyth, Alex Help At Home, Inc. Help At Home, Inc. Help At Home, Inc. Help At Home, Inc. Help At Home, Inc. Help At Home, Inc. Help At Home, Inc. Help At Home, Inc. Help At Home, Inc. Help At Home, Inc. Help At Home, Inc. Help At Home, Inc. Help At Home, Inc. Help At Home, Inc. Help At Home, Inc. Help At Home, Inc. Help At Home, Inc. Help At Home, Inc. Berry Bearing Co. Chicago Airlines Dexheimer, Ruth L. Wallace Computer Services, Inc. Shelton, Pat General Gas & Oil Co. Kelly Services, Inc. Vallen Safety Supply Chakrobortty, Maitrayee, M.D. Carroll Seating Co. C.D.S. Office Systems R. Rudnick & CoJRudnick Builders Memorial Hospital Small, Brian C. Cooper Drug Co. Jensen Mechanical Contractors, Inc.

9.60 71.61 232,567.77 3,700.00 900.00 2,704.40 349.58 280.80 280.80 263.25 140.40 187.20 140.40 514.80 304.20 280.80 228.15 134.55

210.60

585.00 163.80 304.20 17.55 46.80 87.75 973.60 232.00 36.63 49,584.82 68.00 85.05 59.76 2,346.12 572.00 1,020.60 20.20 9,915.00 290.00 127.46 7.80 12,951.93

87-CC-2557 87-CC-2559 87-CC-2560 87-CC-2592 87-CC-2594 87-CC-2596 87-CC-2600 87-CC-2605 87-CC-2606 87-CC-2616 87-CC-2617 87-CC-2620 87-CC-2621 87-CC-2624 87-CC-2744 87-CC-2745 87-CC-2746 87-CC-2752 87-CC-2753 87-CC-2780 87-CC-2781 87-CC-2782 87-CC-2832 87-CC-2834 87-CC-2835 87-CC-2838 87-CC-2841 87-CC-2846 87-CC-2847 87-CC-2848 87-CC-2859 87-CC-2861 87-CC-2884 87-CC-2888 87-CC-2915 87-CC-2936 87-CC-2939 87-CC-2953 87-CC-2969 87-CC-2970 87-CC-2973

National Fabco Manufacturing, Inc. All Pro Equipment Jumer's Castle Lodge Shell Oil Bernklau, Diana Security Lumber & Supply Co. Dodge City Toyota Ragan Report Workshop . Hamm, John Burns Properties Burns Properties Honeywell Information Systems Science Research Assoc. Carroll Seating Co. Unocal Unocal Unocal Unocal Unocal Marion County W. F. Industries Northern Illinois Fence, Inc. Easter Seal Society of SW Illinois West Publishing Co. West Publishing CO. Kara Co., Inc. Community Consolidated School Dist. 110 West Publishing Co. Hod Disposal Service Dexheimer, Ruth L. Barth, Daryl, C.P.O. Handy Auto Sales & Rentals Perkin Elmer Corp. Loyola Medical Center McKinley, Ada S., Community Services Margaret-Ann Electric, Inc. Bureau of Business Practice Amoco Oil Co. IBM Joliet Audio Vestibular Labs Community College Dist. 508, Board of Trustees

78,679.04 6,081.39 33.30 44.37 117.86 9,615.00 45.00 225.00 136.95 1,992.88 202.52 7,968.75 1,233.04 1,628.00 36.47

33.12

20.19 23.27 7.25 625.83 60.00 1,040.00

20.00

507.OO 150.00 700.00 50.00 208.50 92.00 67.26 167.00 98.90 1,102.59 10,913.76 617.50 5,436.00 35.35 34.10 2,415.00 9.00 89.00

288

87-CC-2974 87-CC-2994 87-CC-3004 87-CC-3037 87-CC-3044 87-CC-3054 87-CC-3055 87-CC-3061 87-CC-3065 87-CC-3176 87-CC-3297 87-CC-3335 87-CC-3359 87-CC-3398 87-CC-3404 87-CC-3407 87-CC-3448 87-CC-3460 87-CC-3516 87-CC-3531 87-CC-3534 87-CC-3535 87-CC-3607 87-CC-3616 Community College Dist. 508, Board of 79.00 Trustees 221.85 Carter Bros. Lumber Co. 252.35 Federal Express Corp. 1,258.00 Vasiliauskas, Eric A. 520.00 Wereldsma, Edward Peter 93.00 West Publishing Co. 75.36 Denny, Diana R. 45.12 NAPA 236.00 Pitney Bowes 146.28 Egizii Electric 20,190.00 Wallace & Tiernan Division 169,080.00 CLSI, Inc. 127.00 Kellner, M. J., Co. 45.00 Wyman, Thomas M., M.D. 4,342.33 Washington University Medical School 4,255.00 Office Equipment Co. of Chicago 20,800.00 Commercial Management, Inc. Illinois Dept. of Public Aid; Clarence 21.04 Golden, Petty Cash Custodian 68,157.00 MacArthur Group, The 35.48 Alexander, S. M., & Co. 79.90 Illini Supply, Inc. 862.90 Garrett General Aviation Services Co. 62.25 Lewis & Clark Comm. College Hall, Rhona; Custodian Project Chance Petty 209.90 Cash Fund

PRISONERS AND INMATES MISSING PROPERTY CLAIMS FY 1987

The following list of cases consists of claims brought by prisoners and inmates of State correctional facilities against the State to recover the value of certain items of personal property of which they were allegedly possessed while incarcerated, but which were allegedly lost while the State was in possession thereof or for which the State was allegedly otherwise responsible. Consistent with the cases involving the same subject matter appearing in full in previous Court of Claims Reports, these claims were all decided based upon the theories of bailments, conversion, or negligence. Because of the volume, length, and general similarity of the opinions, the full texts of the opinions were not published, except for those claims which may have some precedential value.

82-cc-0810 84-CC-3057 84-cc-3544 84-cc-3545 85-cc-0143 85-CC-0630 85-CC-1027 85-cc-1973 85-CC-2749 85-cc-2949 86-CC-0211 86-CC-0308 86-CC-0363 86-CC-0460 86-CC-0577 86-CC-0736 86-CC-2156 Moore, Richard Alan Godinez, Ricardo A. Akbaar-El, Amin Isaac, William L. Lamprey, Edward Walker, Clarence Hanna, Edward Alan Smith, Johnny Walton, Johnny Avitia, Arnold0 Williams-El, Melvin Mannen, Mark Bullock, Albert Lemons, Edward Carrillo, Eduardo Jackson, Richard Burks, Dennis

$

72.50 230.00 150.00 5.00 750.00 1,501.50 83.64 14.95 150.00 71.20 200.00 65.00 100.00 272.13 350.00 120.00

!?,48.54

289

290

86-CC-2296 86-CC-2950 86-CC-3229 86-CC-3454 Rial, Larry J. Mark, William Haynes, George E., I11 Rial, Larry J.

50.00 8.37 50.00 23.05

STATE EMPLOYEES' BACK SALARY CASES FY 1987

Where as a result of lapsed appropriation, miscalculation of overtime or vacation pay, service increase, or reinstatement following resignation, and so on, a State employee becomes entitled to'back pay, the Court will enter an award for the amount due, and order the Comptroller to pay that, sum, less amounts withheld properly for taxes and other necessary contributions, to the Claimant.

84-CC-1204 85-CC-0028 85-CC-0378 85-CC-2639 86-CC-0204 86-CC-0330 86-CC-0626 86-CC-0692 86-CC-0816 86-CC-1038 86-CC-1433 86-CC-1512 86-CC-1748 86-CC-2150 86-CC-2393 86-CC-2487 86-CC-2506 86-CC-2621 86-CC-2843 86-CC-3533

Harris, William G. Elwell, Scott Martinez, Nyla S. Zempich, David Kwasnik, Peter F. Zempich, David Allen, Nancy L. Adams, Verril Cower Stolley & Orlebeke Sheehan, George Lord, William Maeser, Joe M. Textor, Alice; Brue, Deborah; & Farrick, Roberta Cottengaim, Jeff Burt, John M. Stone, Stanley Tamblin, Walter Woltz, Lynn Barton, Robert 0. DiPietro, Timothy M.

$14,163.01 6,047.00 1,284.13 1,482.53 114.54 (Paid under claim 85-cc-2639) 276.31 115.72 3,662.00 109.09 81.43 918.00 2,500.00 142.12 368.61 643.15 18,107.76 1,138.15 1,233.70

i

I

I

555.83

I

291

REFUND CASES FY 1987

The claims listed below arise out of audits by the Secretary of State and certain other states and Canadian provinces on prorated license fees paid by the Claimants in accordance with certain reciprocal compacts known as the International Registration Plan and the Uniform Prorate Compact. Following the audits, adjustments are made to the amounts due and previously paid. The awards made in the claims listed below are refunds for overpayment of the fees which were found due and owing the Claimants, but which the Secretary of State was unable to make the payments directly due to the exhaustion of available funds.

86-CC-2316 86-CC-2936 86-CC-2946 86-CC-2956 86-CC-2963 86-CC-3041 86-CC-3296 86-CC-3354 86-CC-3355 86-CC-3426 86-CC-3524 86-CC-3528 86-CC-3561 87-CC-0027 87-CC-0038 87-CC-0045 87-CC-0107 87-CC-0109 87-CC-0168 87-CC-0282 87-CC-0292 87-CC-0359 Murphy Motor Freight Lines LaReno, Valerie A. Otto, George W., Jr. Vaughn, Pamela Giffin, Gary D. Doyle, Helen Scholtz, Margaret Colvin, David Hubler, Laura Frieson, Gladys Combs, Jack Whitefield, Elliot Kinsella, John J. Patton, Richard D. Wozniak, Anna Schroedel, M. Dwayne Humphrey, Robert E. Meek, Margretta Sarnecki, Christine M. Kline, Elizabeth A. Coleman, Carolyn Burrell, Lee M.

$258.85

15.00 36.00 15.00

15.00 5.00 24.00 15.00 24.00 15.00 15.00 15.00 15.00 15.00 10.00 15.00 15.00 24.00 15.00 15.00 15.00 15.00

292

293

87-CC-0368 87-CC-0374 87-CC-0375 87-CC-0391 87-CC-0402 87-CC-0403 87-CC-0407 87-CC-0414 87-CC-0421 87-CC-0425 87-CC-0426 87-CC-0429 87-CC-0444 87-CC-0451 87-CC-0469 87-CC-0488 87-CC-0493 87-CC-0498 87-CC-0502 87-CC-0509 87-CC-0510 87-CC-0512 87-CC-0521 87-CC-0530 87-CC-0534 87-CC-0557 87-CC-0561 87-CC-0570 87-CC-0579 87-CC-0580 87-CC-0594 87-CC-0595 87-CC-0596 87-CC-0599 87-CC-0604 87-CC-0605 87-CC-0606 87-CC-0613 87-CC-0642 87-CC-0666 87-CC-0667 Brankey, Genevieve M. Shubayev, Fredrick McCurdy, Betty C. Dodge, Steven C. Gotter, Bernice Reynolds, James T. Coyne, Margaret R. Oster, Virginia M. Burkett, Preston Lindstrom, Gust F. Heyman, Millard A. Dallao, Clem Shannon, O h i a Gold, Audrey Olsen, Melissa R. Sims, Gary R. Smith, Ora E. Gray, Charles Foster, Etta P. Kemper, Timothy E. Stewart, Ruth E. Robinson, Cornelius Bown, Clemma E. Bonifas, Paula M. Lungo, Andrew Diaz, Ermida Wageman, Scott R. Carter, Lavergne J. Crusse, Rheu Garman, Zelma M.P. Rabe, Margaret Rodriguez, Thomas A., Jr. Neal, Connie L. Lewandowski, Gertrude Fisher, Gertrude Hurst, Margaret E. Harris, Marie K. Williams, Alberta Galloway, Geraldine Miller, B. Viola Luby, Frances V. 24.00 15.00 24.00 15.00 24.00 15.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 30.00 15.00 24.00 15.00 24.00 15.00 24.00 30.00 24.00 15.00 24.00 15.00 15.00 24.00 24.00 24.00 24.00 15.00 15.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00

294

87-CC-0719 87-CC-0749 87-CC-0790 87-CC-0791 87-CC-0815 87-CC-0816 87-CC-0817 87-CC-0833 87-CC-0834 87-CC-0914 87-CC-0954 87-CC-0975 87-CC-0987 87-CC-0988 87-CC-1028 87-CC-1100 87-CC-1117 87-CC-1136 87-CC-1158 87-CC-1161 87-CC-1195 87-CC-1228 87-CC-1272 87-CC-1635 87-CC-1710 87-CC-1724 87-CC-1904 87-CC-2028 87-CC-2055 87-CC-2113 87-CC-2145 87-CC-2160 87-CC-2460 87-CC-2463 87-CC-2468 87-CC-2469 87-CC-2470 87-CC-2479 87-CC-2482 87-CC-2484 87-CC-2485

1 Dellaney, Robert J., 1 Acton, Stella Stasch, Mary M. Cook, Cecile E. Betty, Evelyn Mueller, Irene B. Krys, Irene DelPrincipe, Gary Marten, Martha E. Carr, Gary Pankey, Ilean M. Pankonin, Louis 0. Simmons, Ernest Carroccia, Ubaldo Guimond, Mamie Ackermann, Bernice Wright, Zack, Jr. Podwin, Marian Eslick, Emma E. Greene, Wanda W. Walker, Lee A. Marsan, Edith Kleiman, Isobel S. Stronge, John Le Reynolds, Margaret B. Russo, Dominic Ciardiello, John Hicks, Craig Zayan, Mayer, Dr. Williams, Andre L. Williams, Blanche G. Atterberry, Geraldine L. Carr, Velma V. Silcox, Richard 0. Worden, Edith Chenore, Wesley J. Cook, Margaret Ann Ford, Timothy P. Hildebrand, Rita C. Schultz, Roger A. & Marjorie Farrar, Anna M.

15.00 24.00 24.00 24.00 24.00 24.00 24.00 15.00 24.00 15.00 24.00 15.00 24.00 24.00 24.00 24.00 24.00 24.00

24.00

24.00 15.00 24.00 24.00 15.00

24.00

10.00 96.00 30.00 30.00 30.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 30.00 24.00 24.00 24.00

296

87-CC-2798 87-CC-2807 87-CC-2866 87-CC-2867 87-CC-2868 87GC-2869 87-CC-2871 87-CC-2872 87-CC-2896 87-CC-2897 87-CC-2924 87-CC-2926 87-CC-2931 87-CC-2932 87-CC-2947 87-CC-2962 87-CC-2966 87-CC-2984 87-CC-3038 Villarreal, Bertha Frykman, Evert M. Carey, Ivan M. Grieser, Delbert Dreher, Bert Sopher, Trella I. Walker, Denver Irvin, Vada Upp, Elizabeth Coffeen, Marian Hahn, Ruth E. Woll, Orval F. Eckel, Elmer B. Ford, Arthur E. Smithey, Lucille White, Lloyd E. Booker, Ruth 0. Barnes, Lenora F. Deutsch, Lois B. 15.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 2A.00 24.00 24.00 24.00 24.00 24.00 24.00

24.00

MEDICAL VENDOR CLAIMS FY 1987

The decisions listed below involve claims filed by vendors seeking compensation for medical services rendered to persons eligible for medical assistance under programs administered by the Illinois Department of Public Aid.

82-CC-0089 82-CC-0090 82-CC-0091

82-CC-0092

Associates in Adolescent Psychiatry Associates in Adolescent Psychiatry Associates in Adolescent Psychiatry Associates in Adolescent Psychiatry Associates in Adolescent Psychiatry Associates in Adolescent Psychiatry Associates in Adolescent Psychiatry Associates in Adolescent Psychiatry Associates in Adolescent Psychiatry Associates in Adolescent Psychiatry Associates in Adolescent Psychiatry Associates in Adolescent Psychiatry Larson, John, R. Larson, John, M.D. Larson, John, M.D. Larson, John, M.D.

82-CC-0093 82-CC-0094 82-CC-0095 82-CC-0096 82-CC-0099 82-CC-0100 82-CC-0101 82-CC-0102 82-CC-0109 82-CC-0110 82-CC-0111 82-CC-0112

$ 8,506.00 (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089)

297

298

82-CC-0113 82-CC-0114 82-CC-0115 82-CC-0116 82-CC-0117 82-CC-0118 82-CC-0119 82-CC-0120 82-CC-0121 82-CC-0122 82-CC-0123 82-CC-0124 82-CC-0125 82-CC-0127 82-CC-0128 82-CC-0129 82-CC-0130 82-CC-0131 82-CC-0132 82-CC-0133 82-CC-0134

Larson, John, M.D. Larson, John, M.D. Larson, John, M.D. Larson, John, M.D. Larson, John, M.D. Larson, John, M.D. Larson, John, M.D. Larson, John, M.D. Larson, John, M.D. Larson, John, M.D. Larson, John, M.D. Larson, John, M.D. Larson, John, M.D. Larson, John, M.D. Schwarz, Marvin, M.D. Schwarz, Marvin, M.D. Schwarz, Marvin, M.D. Schwarz, Marvin, M.D. Schwarz, Marvin, M.D. Schwarz, Marvin, M.D. Schwarz, Marvin, M.D. (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim

82-CC-0089)

(Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089)

299

82-CC-0135 82-CC-0136 82-CC-0137 82-CC-0139 82-CC-0140 82-CC-0141 83-cc-1199 83-CC-1527 84-cc-0194 84-cc-0224 84-CC-0287 84-cc-0296 84-cc-0309 84-cc-0331 84-CC-0478 84-cc-0479 84-CC-0480 84-CC-0481 84-CC-0482 84-cc-0483 84-cc-0484 84-cc-0485 84-CC-0486 84-CC-0488 Schwarz, Marvin, M.D. Schwarz, Marvin, M.D. Schwarz, Marvin, M.D. Schwarz, Marvin, M.D. Schwarz, Marvin, M.D. Schwarz, Marvin J., M.D. Westlake Community Hospital Augustana Hospital Weiss, Louis A., Memorial Hospital Weiss, Louis A., Memorial Hospital Bethesda Hospital Bethesda Hospital Norwegian-American Hospital St. Joseph Hospital Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) (Paid under claim 82-CC-0089) 8,600.00

20,000.00 15,509.08 (Paid under claim 84-CC-0194) 6,811.96 (Paid under claim 84-CC-0287)

28,oO0.00

3,965.33 63,729.71 (Paid under claim 84-CC-0478) (Paid under claim 84-CC-0478) (Paid under claim 84-CC-0478) (Paid under claim 84-CC-0478) (Paid under claim 84-CC-0478) (Paid under claim 84-CC-0478) (Paid under claim 84-CC-0478) 2,019.40 (Paid under claim 84-CC-0478)

300

84-CC-0489 84-CC-0490 84-CC-0491 84-cc-0493 84-CC-0495 84-CCh496 84-CC-0497 84-CC-0498 84-cc-0499 84-CC-0500 84-CC-0659 84-CC-0679 84-CC-0683 84-CC-0711 84-CC-0729 84-CC-0730 84-CC-0731 84-CC-0732 84-CC-0733 84-CC-0863 84-CC-0864 84-CC-0865 Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center Illinois Masonic Medical Center St. Bernard Hospital Weiss, Louis A., Memorial Hospital St. Bernard Hospital Westlake Community Hospital Chicago Osteopathic Medical Center Chicago Osteopathic Medical Center Chicago Osteopathic Medical Center Chicago Osteopathic Medical Center Chicago Osteopathic Medical Center Chicago Osteopathic Medical Center Chicago Osteopathic Medical Center Chicago Osteopathic Medical Center (Paid under claim 84-CC-0478) (Paid under claim 84-CC-0478) (Paid under claim 84-CC-0478) (Paid under claim 84-CC-0478) (Paid under claim &I-CC-0478) (Paid under claim 84-CC-0478) (Paid under claim 84-CC-0478) (Paid under claim 84-CC-0478) (Paid under claim 84-CC-0478) (Paid under claim 84-CC-0478) 45,124.29 (Paid under claim 84-cc-0194) (Paid under claim 84-cc-0659) (Paid under claim 83-cc-1199) 94,416.69 (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729)

301

84-CC-1237 84-cc-1239 84-cc-1240 84-cc-1241 84-cc-1242 84-CC-1243 84-cc-1244 84-CC-1245 84-CC-1246 84-CC-1247 84-CC-1248 84-cc-1249 84-cc-1250 84-cc-1258 84-cc-1355 84-CC-1537 84-CC-1671 84-CC-1672 84-CC-1673 84-CC-1676 84-CC-2109 84-cc-2493 84-CC-2548 Children's Memorial Hospital Children's Memorial Hospital Children's Memorial Hospital Children's Memorial Hospital Children's Memorial Hospital Children's Memorial Hospital Children's Memorial Hospital Children's Memorial Hospital Children's Memorial Hospital Children's Memorial Hospital Children's Memorial Hospital Children's Memorial Hospital Children's Memorial Hospital Doctors Clinic, Ltd. St. Mary's Hospital St. Bernard Hospital Riverside Medical Center Riverside Medical Center Riverside Medical Center Riverside Medical Center Weiss Memorial Hospital Bethesda Hospital 58,035.28 (Paid under claim 84-CC-1237) (Paid under claim 84-CC-1237) (Paid under claim 84-CC-1237) (Paid under claim 84-CC-1237) (Paid under claim 84-CC-1237) (Paid under claim 84-CC-1237) (Paid under claim 84-CC-1237) (Paid under claim 84-CC-1237) (Paid under claim 84-CC-1237) (Paid under claim 84-CC-1237) (Paid under claim 84-CC-1237) (Paid under claim 84-CC-1237) 34.00 (Paid under claim 85-cc-0333) 2,525.28 1,544.81 (Paid under claim 84-CC-1671) (Paid under claim 84-CC-1671) (Paid under claim 84-CC-1671) (Paid under claim 84-cc-0194) (Paid under claim 84-CC-0287) 4,942.20

St. Elizabeth`s Hospital

302

84-cc-2585 84-CC-2587 84-cc-2620 84-CC-2754 84-CC-2774 84-CC-2789 84-cc-2833 84-cc-2834 84-CC-2887 84-cc-2888 84-CC-2889 84-cc-2890 84-cc-2891 84-CC-2892 84-cc-2893 84-cc-2894 84-cc-2895 84-cc-2896 84-cc-2897 84-CC-2898 84-cc-2899 84-cc-2900 84-CC-2982 St. Bernard Hospital Evanston Hospital (Paid under claim 84-cc-0659) (Paid under claim 86-CC-0880) 6,500.00 8,535.52 6,414.37 1,068.12 (Paid under claim 84-CC-2774) (Paid under claim 84-CC-0287) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-1671)

I

St. Elizabeth's Hospital Rehabilitation Institute of Chicago MacNeal Memorial Hospital Holy Cross Hospital MacNeal Memorial Hospital

Bethesda Hospital Chicago Osteopathic Medical Center Chicago Osteopathic Medical Center Chicago Osteopathic Medical Center Chicago Osteopathic Medical Center Chicago Osteopathic Medical Center Chicago Osteopathic Medical Center Chicago Osteopathic Medical Center Chicago Osteopathic Medical Center Chicago Osteopathic Medical Center Chicago Osteopathic Medical Center. Chicago Osteopathic Medical Center Chicago Osteopathic Medical Center Chicago Osteopathic Medical Center Chicago Osteopathic Medical Center Riverside Medical Center

303

84-CC-3184 84-CC-3231 84-cc-3240 84-cc-3247 84-CC-3392 84-CC-3414 84-CC-3415 84-cc-3443 84-CC-3529 84-CC-3531 84-CC-3613 84-CC-3615 84-CC-3616 84-CC-3620 85-CC-0252 85-CC-0254 85-CC-0256 85-CC-0257 85-cc-0258 85-cc-0259 85-cc-0260 85-cc-0261 Evangelical Hospitals, Corporation Community Memorial General Hospital St. Bernard Hospital Augustana Hospital St. Bernard Hospital St. Elizabeth`s Hospital St. Joseph Hospital Evanston Hospital Evanston Hospital St. Bernard Hospital St. Bernard Hospital Weiss Memorial Hospital Roseland Community Hospital St. Bernard Hospital 647.85 16,552.58 (Paid under claim 84-CC-0659) (Paid under claim 83-CC-1527) 3,285.52 2,676.06 (Paid under claim 84-cc-0331) (Paid under claim 86-CC-0880) (Paid under claim

86-CC-0880)

(Paid under claim 84-cc-0659) (Paid under claim 84-cc-0659) (Paid under claim 84-CC-0194) 361.75 (Paid under claim 84-cc-0659) (Paid under claim 84-cc-0659) (Paid under claim 84-cc-2620) (Paid under claim 84-CC-1237) (Paid under claim 84-CC-1237) (Paid under claim 84-CC-1237) (Paid under claim 84-CC-1237) (Paid under claim 84-CC-1237) (Paid under claim 84-CC-1237)

St. Bernard Hospital

St. Elizabeth`s Hospital Children's Memorial Hospital Children's Memorial Hospital Children's Memorial Hospital Children's Memorial Hospital Children's Memorial Hospital Children's Memorial Hospital

304

85-CC-0262 85-CC-0263 85-CC-0270 85-CC-0302 85-CC-0308 85-CC-0332 85-cc-0335 85-CC-0337 85-CC-0427 85-CC-0431

85-CC-0434

Children's Memorial Hospital Children's Memorial Hospital Bethesda Hospital Weiss Memorial Hospital St. Francis Hospital St. Bernard Hospital Norwegian-American Hospital St. Francis Hospital

St. Joseph Hospital

Evanston Hospital

St. Francis Hospital

85-CC-0522 85-CC-0527 85-CC-0528 85-CC-0536 85-CC-0537 85-CC-0538 85-CC-0539 85-CC-0616 85-CC-0617 85-CC-0692 85-cc-0694

Norwegian-American Hospital MacNeal Memorial Hospital

(Paid under claim 84-CC-1237) (Paid under claim 84-CC-1237) (Paid under claim 84-CC-0287) (Paid under claim 84-cc-0194) 12,500.00 (Paid under claim 84-cc-0659) (Paid under claim 84-CC-0309) (Paid under claim 85-CC-0308) (Paid under claim 84-cc-0331) (Paid under claim 86-CC-0880) (Paid under claim 85-CC-0308) (Paid under claim 84-cc-0309) (Paid under claim 84-CC-2774)

St. Therese HosDital 4,000.00 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) Evanston Hospital (Paid under claim 86-CC-0880) St. Therese Hospital (Paid under claim 85-CC-05%)

305

85-CC-0696 85-CC-0897 85-CC-1102 85-CC-1103 85-CC-1106 85-CC-1108 85-CC-1109 85-CC-1110 85-cc-1111 85-CC-1255 85-CC-1509 85-CC-15N 85-CC-1565 85-CC-1566 85-CC-1614 85-CC-1742 85-CC-1900 85-cc-1901 85-cc-1902 85-CC-1942 85-CC-1943 85-CC-1951 Good Shepherd Hospital 656.88 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) (Paid under claim Norwegian-American Hospital 84-CC-0309) Norwegian-American Hospital (Paid under claim 84-CC-0309) (Paid under claim Bethesda Hospital 84-CC-0287) (Paid under claim St. Therese Hospital 85-CC-0528) (Paid under claim St. Francis Hospital 85-CC-0308) (Paid under claim MacNeal Memorial h s p i t a l 84-CC-2774) Bethesda Hospital (Paid under claim 84-CC-0287) Children's Memorial Hospital 4,964.72 Crawford Memorial Hospital 2,294.07 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) MacNeal Memorial Hospital (Paid under claim 84-CC-2774) Crawford Memorial Hospital (Paid under claim 85-CC-1509) Loretto Hospital 20,000.00 (Paid under claim St. Therese Hospital 85-CC-0528) (Paid under claim St. Francis Hospital 85-CC-0308) (Paid under claim St. Francis Hospital 85-CC-0308) (Paid under claim St. Joseph Hospital (Elgin) 84-cc-0331) (Paid under claim Chicago Osteopathic Hospital 84-CC-0729) (Paid under claim Chicago Osteopathic Hospital 84-CC-0729) (Paid under claim Chicago Osteopathic Hospital 84-CC-0729)

306

85-CC-2004 85-CC-2005 85-CC-2006 85-cc-2145 85-CC-2146 85-CC-2147 85-CC-2148 85-CC-2149 85-CC-2191 St. Francis Hospital St. Francis Hospital St. Francis Hospital Chicago Osteopathic Hospital Chicago Osteopathic Hospital Chicago Osteopathic Hospital Chicago Osteopathic Hospital Chicago Osteopathic Hospital Children's Memorial Hospital (Paid under claim 85-CC-0308) (Paid under claim 85-CC-0308) (Paid under claim 85-CC-0308) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 84-CC-0729) (Paid under claim 85-cc-1255) 3,733.32 (Paid under claim 85-CC-0308) (Paid under claim 84-CC-0729) (Paid under claim

84-CC-0729)

85-cc-2220 St. Joseph Hospital 85-cc-2223 St. Francis Hospital

8 -c -2 3 Chicago Osteopathic Hospital 5 c 43

85-cc-2434 Chicago Osteopathic Hospital

8 - c 2 3 Chicago Osteopathic Hospital 5c - 4 5

85-CC-2656 85-CC-2657 85-CC-2658 85-CC-2788 85-CC-2814 85-cc-2822 85-cc-2833 85-CC-2886 Ingalls Memorial Hospital Ingalls Memorial Hospital Ingalls Memorial Hospital Crawford Memorial Hospital Norwegian-American Hospital St. Francis Hospital St. Elizabeth's Hospital MacNeal Memorial Hospital

(Paid under claim 84-CC-0729) 6,272.46 (Paid under claim 85-CC-2656) (Paid under claim 85-CC-2656) (Paid under claim 85-CC-1509) (Paid under claim 84-CC-0309) (Paid under claim 85-CC-0308) (Paid under claim 84-CC-2620) (Paid under claim 84-CC-2774)

307

85-CC-2915 85-CC-3014 85-CC-3015 85-CC-3017 85-CC-3094 86-CC-0025 86-CC-0027 86-CC-0045 86-CC-0046 86-CC-0064 86-CC-0073 86-CC-0165 86-CC-0166 86-CC-0167 86-CC-0181 86-CC-0182 86-CC-0183 86-CC-0259 86-CC-0273 86-CC-0274 St. Joseph Hospital (Paid under claim 85-cc-2220) (Paid under claim Evanston Hospital . 86-CC-0880) Evanston Hospital (Paid under claim 86-CC-0880) (Paid under claim St. Francis Hospital 85-cc-0308) (Paid under claim St. Joseph Hospital 85-cc-2220) MacNeal Memorial Hospital (Paid under claim 84-CC-2774) Evanston Hospital (Paid under claim 86-CC-0880) Augustana Hospital (Paid under claim 83-CC-1527) (Paid under claim St. Francis Hospital 85-cc-0308) (Paid under claim St. Joseph Hospital 85-cc-2220) Ingalls Memorial Hospital (Paid under claim 85-CC-2656) Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) (Paid under claim St. Joseph Hospital

8 - cZ Z ) 5c - Z O

Westlake Community Hospital St. Francis Hospital Evanston Hospital

I

Norwegian-American Hospital St. Bernard Hospital

(Paid under claim 83-CC- 1199) (Paid under claim 85-CC-0308) (Paid under claim 86-CC-0880) (Paid under claim 84-cc-0309) (Paid under claim 84-cc-0659)

308

86-CC-0292 86-CC-0408 86-CC-0409 86-CC-0410 86-CC-0411 86-CC-0412 86-CC-0415 86-CC-0416 86-CC-0419 86-CC-0489 86-CC-0490 86-CC-0491 86-CC-0492 86-CC-0559 86-CC-0619 86-CC-0861 86-CC-0862 86-CC-0868 86-CC-0880 86-CC-0884 86-CC-0889 86-CC-0890 86-CC-0917

(Paid under claim 85-CC-0308) Norwegian-American Hospital (Paid under claim 84-CC-0309) Norwegian-American Hospital (Paid under claim 84-CC-0309) Augustana Hospital (Paid under claim 83-CC-1527) Augustana Hospital (Paid under claim 83-CC-1527) Augustana Hospital (Paid under claim 83-CC-1527) Weiss, Louis A., Memorial Hospital (Paid under claim 84-cc-0194) Weiss, Louis A., Memorial Hospital (Paid under claim 84-CC-0194) St. Francis Hospital (Paid under claim 85-CC-0308) Westlake Community Hospital (Paid under claim 83-CC-1199) Evanston Hospital (Paid under claim 86-CC-0880) Augustana Hospital (Paid under claim 83-CC-1527) MacNeal Memorial Hospital (Paid under claim 84-CC-2774) Augustana Hospital (Paid under claim 83-CC-1527) Holy Cross Hospital 3,473.22 Ingalls Memorial Hospital (Paid under claim > 85-CC-2656) Ingalls Memorial Hospital (Paid under claim 85-CC-2656) Rogers Park Manor, Inc. 4,088.86 Evanston Hospital 65,757.17 St. Joseph Hospital (Paid under claim 84-cc-0331) Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) Huang, Jou-Nan, M.D. 867.00 St. Francis Hospital

309

86-CC-1062 86-CC-1065 86-CC-1135 86-CC-1136 86-CC-1284 86-CC-1285 86-CC-1286 86-CC-1289 86-CC-1956 86-CC-1957 86-CC-1958 86-CC-1989 86-CC-2158 86-CC-2159 86-CC-2189 86-CC-2219 86-CC-2288 86-CC-2289 86-CC-2291 86-CC-2292 86-CC-2340 86-CC-2358 Augustana Hospital & Health Care Center St. Joseph Hospital Norwegian-American Hospital (Paid under claim 83-CC-1527) (Paid under claim 84-cc-0331) (Paid under claim 84-CC-0309) (Paid under claim 85-CC-0308) (Paid under claim 84-CC-0331) (Paid under claim 84-CC-2774) (Paid under claim 84-cc-0194) (Paid under claim 83-CC-1527) (Paid under claim 83-CC-1199) (Paid under claim 84-CC-0309) (Paid under claim 85-CC-2220) 2,505.78 351.05 (Paid under claim 86-CC-2158) 2,665.45 (Paid under claim 85-cc-2220) (Paid under claim 85-CC-2656) (Paid under claim 85-CC-2656) (Paid under claim 85-CC-2656) (Paid under claim 85-CC-2656) 1,086.50 1,608.19

St. Francis Hospital of Evanston St. Joseph Hospital

MacNeal Memorial Hospital Weiss Memorial Hospital Augustana Hospital Westlake Community Hospital Norwegian-American Hospital St. Joseph Hospital Weiss, Louis A., Memorial Hospital Rehabilitation Institute of Chicago Rehabilitation Institute of Chicago Proviso Association for Retarded Citizens St. Joseph Hospital Ingalls Memorial Hospital Ingalls Memorial Hospital Ingalls Memorial Hospital Ingalls Memorial Hospital Reese, Michael, Hospital Mercy Hospital

310

86-CC-2359 86-CC-2402 86-CC-2432 Mercy Hospital Rehabilitation Institute of Chicago (Paid under claim 86-CC-2358) (Paid under claim 86-CC-2158)

Columbus, Cuneo, Cabrini Medical Center 2,657.28 86-CC-2468 Ingalls Memorial Hospital (Paid under claim 85-CC-2656) 86-CC-2469 Ingalls Memorial Hospital (Paid under claim 85-CC-2656) 86-CC-2545 Hinsdale Hospital (Paid under claim 84-cc-3444) 86-CC-2546 Hinsdale Hospital (Paid under claim 84-CC-3444) 86-CC-2547 Hinsdale Hospital (Paid under claim 84-cc-3444) 86-CC-2548 Augustana Hospital (Paid under claim 83-cc-1527) 86-CC-2625 Bethany Home 579.78 86-CC-2747 Bloomington Hospital 32.60 86-CC-2966 Weiss, Donald E., M.D. 11.50 86-CC-3008 Buchanan, Susanna F., M.D. 23.00 86-CC-3020 Rehabilitation Institute of Chicago (Paid under claim 86-CC-2158) 86-CC-3052 Baber, Riaz A., M.D. 445.00 86-CC-3169 Rehabilitation Institute of Chicago (Paid under claim 86-CC-2158) 86-CC-3170 Rehabilitation Institute of Chicago (Paid under claim 86-CC-2158) 86-CC-3171 Rehabilitation Institute of Chicago (Paid under claim 86-CC-2158) 86-CC-3172 Associates in Professional Psychology 123.75 86-CC-3181 Rehabilitation Institute of Chicago (Paid under claim 86-CC-2158) 86-CC-3342 Franciscan Medical Center 91.60 86-CC-3343 Mercy Hospital (Paid under claim 86-CC-2358) 86-CC-3345 Rehabilitation Institute of Chicago (Paid under claim 86-CC-2158) 86-CC-3412 St. Francis Hospital of Evanston (Paid under claim 85-CC-0308)

311

86-CC-3432 86-CC-3539 87-CC-0022 87-CC-0092 87-CC-0096 87-CC-0097 87-CC-0098 87-CC-0265 87-CC-0275 87-CC-0422 87-CC-0455 87-CC-0583 87-CC-0584 87-CC-0585 87-CC-0695 87-CC-0696 87-CC-0960 87-CC-1022 Rehabilitation Institute of Chicago Murthy, Keshava, M.D. Rehabilitation Institute of Chicago Suburban Ent. Assoc. Visiting Nurse Assn. of Chicago Visiting Nurse Assn. of Chicago Visiting Nurse Assn. of Chicago Reese, Michael, Hospital & Medical Center Norwegian-American Hospital Visiting Nurse Assn. of Chicago Washington County Hospital Arc/Ric Arc/Ric Arc/Ric St. Elizabeth Hospital St. Elizabeth Hospital Associated Radiologists of Joliet Fayette County Hospital (Paid under claim 86-CC-2158) 140.00 (Paid under claim 86-CC-2158) 328.00 336.00 210.00 168.00 (Paid under claim 86-cc-2340) (Paid under claim 84-cc-0309)

294.00

114.00 7,132.41 5,950.00 3,372.80 45,853.12 (Paid under claim 87-CC-0695) 84.00 1,555.80

CRIME VICTIMS COMPENSATION ACT

Where person is victim of violent crime as defined in the Act; has suffered pecuniary loss of $200.00 or more; notified and cooperated fully with law enforcement officials immediately after the crime; the victim and the assailant were not related and sharing the same household; the injury was not substantially attributable to the victim's wrongful act or substantial provocation; and his claim was filed in the Court of Claims within one year of the date of injury, compensation is payable under the Act.

OPINIONS PUBLISHED IN FULL FY 1987

(No. 82-CV-0235-Claim denied.)

In re APPLICATION OF MARCELLA D. LAZARUS.

Order filed November 9,1983. Order filed August 4,198fj.

BERNARD EPTON, for Claimant.

NEIL F. HARTIGAN, Attorney General (FAITH S. SALSBURG and SALLIE ANLEY, Assistant Attorneys M General, of counsel), for Respondent.

CRIME VICTIMS COMPENSATION Am-what necessary to establish eligibility for compensation. In order for a Claimant to be eligible for compensation under the Crime Victims Compensation Act, there must be evidence of one of the violent crimes specifically set forth under section 72 of the Act. SAME-robbery-psychiatric treatment-no evidence o f relationship to crime-claim denied. A Claimant was denied compensation for psychiatric treatment allegedly incurred after she was the victim of a robbery, since the evidence failed to establish that the treatment was for injuries directly related to the robbery, there was evidence that the treatment was part of an ongoing condition originating prior to the robbery, and robbery is not one of the violent crimes for which compensation is specifically allowed.

312

313

ROE, J. This claim arises out of an incident that occurred on May 29, 1981. Marcella D. Lazarus seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act. Ill. Rev. Stat. 1979, ch. 70, par. 71 et seq. This Court has carefully considered the application for benefits submitted on September 10, 1981, on the form prescribed by the Court, 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 on May 29, 1981, the Claimant was robbed of her purse. The incident occurred, at 4038 West Washington, Chicago, Illinois. While the Claimant was in her automobile, three offenders approached her car, smashed a window and grabbed her purse. They then fled the scene. The Claimant did not receive any physical injuries as a result of the incident.

2. That in order for a Claimant to be eligible for compensation under the Act, there must be evidence of one of the violent crimes specifically set forth under section 2(c) of the Act.

3. That robbery is not one of the violent crimes

specifically set forth under section 2(c) of the Act. 4. That the Claimant seeks compensation for expenses she incurred for psychiatric treatment. The Claimant entered Caylor-Nickel Hospital on June 12, 1981, for treatment of injuries allegedly suffered in this incident. Total expenses for this hospitalization were $4,828.70, none of which was paid by insurance.

314

5. That the Claimant has not submitted evidence to

substantiate that the expenses for which she seeks compensation were incurred for treatment of injuries directly related to this incident. Rather, it appears that these treatments were part of an ongoing condition originating prior to this incident.

6. That the Claimant has not met required conditions precedent for compensation under the Act.

It is hereby ordered, that this claim be, and is hereby denied.

ORDER RAUCCI, J

This is a claim arising out of an incident which occurred on May 29,1981. Claimant seeks compensation pursuant to the provisions of the Crime Victims Compensation Act. Ill. Rev. Stat. 1979, ch. 70, par. 71 et seq. This Court entered an order on November 9,1983, denying the claim and the Claimant thereafter requested an evidentiary hearing. The parties stipulated that on May 29, 1981, the Claimant was robbed of her purse. The incident occurred at 4038 West Washington, Chicago. While Claimant was in her automobile, an offender smashed the window and grabbed her purse and fled. Claimant seeks compensation for hospital expenses of $4,828.70 for psychiatric treatment. Claimant failed to submit any competent evidence that she was either physically or mentally injured as a result of the incident. She has a history of psychiatric treatment prior to the incident and submitted no

315

evidence linking the treatment after the incident with the incident. Since there was no evidence of injury nor evidence that the hospitalization was caused, in any way, by the incident of May 29, 1981, it is hereby ordered, that this claim is denied, with prejudice.

(No. 82-CV-1012-Claimant awarded $2,000.00.)

I n re APPLICATION OF ALICIA

LOPEZ.

Opinion filed May 26,1987.

SAMUEL EPSTEIN, for Claimant.

NEIL F. HARTIGAN, Attorney General (ALLISON BRESAssistant Attorney General, of counsel), for Respondent.

LAUER,

CRIME VinrMs COMPENSATION Am-"earnings" defined. The Court of Claims has adopted the ordinary and common definition of "earnings" for purposes of applying the Crime Victims Compensation Act, which is something earned as compensation for labor or the use of capital. DAMAcEs-ckzimant has burden of proof on damages. The general rule in Illinois is that the party seeking damages has the burden of establishing the fact that he has been injured and a reasonable basis for determining the money value of those injuries, and damages may not be awarded on the basis of conjecture or speculation. CRIME ICTIMS COMPENSATION ACT-only out-of-pocket losses V compensable. The Court of Claims has held that under the Crime Victims Compensation Act only actual out-of-pocket losses are compensable, and those losses are defined as losses which can be proved with a reasonable degree of certainty. SAME-replacement services not compensable at time of incident. In an action for compensation under the Crime Victims Compensation Act, a Claimant was not entitled to be compensated for replacement services lost, since at the time of the incident, lost replacement services were not a compensable item, and the law in effect at the time of the incident is applicable to crime victims cases.

316

SAME-violent crime-Claimant's husband killed-no evidence of lost support-maximum award for funeral expenses granted. In an action for compensation based on the death of Claimant's husband as a result of a violent crime, the Court of Claims granted an award only for the maximum amount allowable for funeral expenses, since the evidence failed to establish any loss of support, since the husband's income prior to his death consisted of rental income from apartments, and Claimant continued to receive that income subsequent to his death.

HOLDERMAN, J.

This claim arises out of a violent crime that occurred on November 25, 1981, as a result of which Jose A. Lopez was killed. The claim is brought by Alicia Lopez, widow of the victim, seeking compensation pursuant to the provisions of the Crime Victims Compensation Act, hereinafter referred to as the Act. On November 21, 1985, Claimant and Respondent

stipulated at a hearing that Claimant is entitled to

$2,000.00, the maximum amount of compensation available, for her paid funeral expenses.

The question at issue here is whether Claimant is entitled to an award of crime victims compensation for loss of support. The record shows that during the six months immediately preceding the date of the incident for which compensation is sought, the decedent owned an apartment building in which he rented apartments to tenants. This was the only work decedent was engaged in at the time of his death. Claimant received the total rental income after the death of decedent, as she and decedent had prior to his death, until she sold the building in April of 1982. Respondent contends Claimant is entitled to a $2,000.00 maximum award for funeral and burial expenses which she incurred and paid subsequent to the

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crime. Respondent further contends Claimant is not entitled to an award of compensation for loss of support as she did not sustain an actual pecuniary loss of support as a result of the incident. The Court has adopted the ordinary and common definition of the word earnings which is, "something earned as compensation for labor or the use of capital." (See In re Application of Chandler (1978), 76-CV-878.) The only earnings of decedent during the six months immediately preceding the date of his death came from rents paid to him and his wife from tenants in the apartment building they owned. After her husband's death, Mrs. Lopez testified at a hearing that she continued to receive the rental income until she sold the building. Upon the sale of the building, she received the amount she agreed to accept. Therefore, Respondent contends, Claimant has not sustained a pecuniary loss compensable under the Act. The general rule in Illinois is that the party seeking to recover damages has the burden of establishing both the fact that he has been injured and a reasonable basis for determining the money value of those injuries. (Ashe v . Sunshine Broadcasting Corp. (1980), 90 Ill. App. 3d 97, 101, 412 N.E.2d 1142,, 1145; Brewer v. Custom Builders Corp. (1976), 42 Ill. App. 3d 668, 677, 356 N.E.2d 565, 573.) (Although the present case is not a typical "damage" case, an award under the Crime Victims Compensation Act is analogous.) Further, damages may not be awarded on the basis of conjecture or speculation. Alover Distributors, Znc. v . Kroger Co. (1975), 513 F.2d 1137,1141; Shoeneweis v. Herrin (1982), 110 Ill. App. 3d 800,443 N.E.2d 36.

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To follow the line of reasoning by Claimant, the Court would have to engage in speculation as to whether or not the Lopez' would have kept the building or sold it for a greater amount. This Court has held that only actual out-of-pocket losses which it has defined as "losses which can be proven with a reasonable degree of certainty" are compensable under the Act. See In re Application of Reyes (1979), 35 Ill. Ct. C1. 498, 503.

Claimant, in her brief, argues that her husband would have been paid $10,400.00 during the six months immediately preceding the date of the crime. Such an estimate is highly speculative and doubtful given the fact that Claimant's tax return for the tax year 1981 shows repair expenses on the apartment building in the amount of only $1,995.72.Claimant also states she had to hire persons to perform the repair and maintenance tasks her husband had performed. Replacement services lost was not a compensable item under the Act at the time of the incident and, therefore, cannot be considered for compensation since the law in effect on the date of the injury is applicable to crime victims cases. (See Village of Wilsonville v . S.C.A. Services, lnc. (1981), 86 Ill. 2d 1, 426 N.E.2d 824.) Further, in order to compensate for replacement services lost, evidence must be presented to show the actual amount Claimant spent for the replacement services. It is the Court's opinion that Claimant is entitled to an award of $2,000.00 for funeral expenses she incurred and paid as the result of the violent crime committed against her husband. Claimant is not entitled to an award for loss of support as she sustained no pecuniary loss as the result of her husband's death since she continued to receive the rental income subsequent to his death. The Court calls attention to the fact that no actual figures

319

upon which an award could be based have been presented to the Court. The Court hereby enters an award in favor of Claimant in the amount of $2,000.00 for funeral expenses and denies the remainder of her claim.

(No. 84-CV-1144-Claim denied.)

In re APPLICATION OF RODOLFO COREAS.

Opinion filed April 22,1987.

RODOLFO COREAS, se, for Claimant. pro

NEIL F. HARTIGAN, Attorney General (SALLIE MANLEY, Assistant Attorney General, of counsel), for Respondent.

CRIME VICIIMS COMPENSATION Am-"pecuniary loss" defined. For purposes of the Crime Victims Compensation Act, "pecuniary loss" is a medical or hospital expense, expense for medically required nursing care, loss of future earnings and other similar expenses, and in ordei to be entitled to compensation under the Act, the pecuniary loss must be at least $200.00. SAME-robbery-Cbimnt shot-no loss-claim denied. The victim of a shooting which occurred during a robbery was denied compensation, since the evidence established that the Claimant was unemployed, his medical expenses were mostly paid by the Department of Public Aid, and there was no evidence that Claimant suffered a compensable pecuniary loss.

PATCHETT, J.

This cause comes after ,a hearing held before a commissioner of this Court. This Court finds that the complaint was filed May 15,1984, seeking compensation for medical and hospital expenses pursuant to the Crime Victims Compensation Act. Ill. Rev. Stat. 1983, ch. 70, par. 71 et se9.

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The Claimant was shot during a robbery on September 19, 1983, at Primo's Lounge, 1203 West 47th Street, Chicago, Illinois. He was first taken to Mercy Hospital and treated for gunshot wounds to his left arm and shoulder. He was then transported to Cook County Hospital for further treatment. Claimant does not seek recovery for loss of earnings, as he was unemployed at the time of this incident. Claimant appeared without counsel, although his application was originally prepared by counsel. The Claimant was difficult to understand, as English was his second language. Despite continuous and vigorous attempts by the commissioner and the Assistant Attorney General to communicate with the Claimant, communication proved difficult.

No court reporter was present during this hearing because of the problem of communication between the Claimant and the Court.

Investigation by the office of the Attorney General disclosed that the Claimant had been a recipient of public aid since 1982, and that the Department of Public Aid had paid for most of his expenses at Mercy Hospital. All of his expenses at Cook County Hospital were paid by the Department of Public Aid. Therefore, the Claimant has no unpaid balance at either hospital. The office of the Attorney General sent the Claimant two notices by certified mail requesting documentation of any expenses unpaid by him. They received no response. On January 17,1986, the Attorney General's Office filed a motion to dismiss the claim for want of prosecution. The Court dismissed the claim, and on May 15, 1986, the Claimant requested a hearing which was held before the commissioner of this Court

321 on August 7, 1986. At the hearing, the Claimant failed to submit any evidence that he had suffered pecuniary loss. Section 2 (h) of the Crime Victims Compensation Act (Ill. Rev. Stat. 1983, ch. 70, par. 72(h)) defines a pecuniary loss for one who is injured as a result of a violent crime as medical and hospital expenses, medically required nursing care, loss of future earnings because of disability resulting from the injury, and other similar expenses. The Claimant offered no evidence of any unpaid or paid medical expenses by him. The Claimant also suffered no loss of earnings since he was unemployed at the time of the incident. Where Claimant fails to show a pecuniary loss, the Court has denied compensation. (In re Application of Korneder (1983),35 Ill. Ct. C1. 1001; In re Application of Moreno (1983), 35 Ill. Ct. C1. 1003; In re Application of Thomas (1981), 35 Ill. Ct. C1. 522; In re Application of Reyes (1979), 35 Ill. Ct. C1. 498.) Section 6.l(b) of the aforesaid Act further requires that the Claimant have a pecuniary loss of $200.00 or more in order to recover. The Claimant, in the case at hand, had none. Section 8.1 of the Act places the burden substantiating a claim on the Claimant. (In re Application of Reyes (1979),35 Ill. Ct. C1.498.) Since the Claimant can prove no loss, we hereby deny this claim.

(No. 86-CV-0322-Claim denied.)

In re APPLICATION OF ALBERTA WILLIAMS.

Order filed M a y 15,1987.

ALBERTA WILLIAMS, pro se, for Claimant.

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NEIL F. HARTIGAN, Attorney General (SALLIE MANLEY, Assistant Attorney General, of counsel), for Respondent.

CRIME VICTIMS COMPENSATION Acr-provocation by victim negates right to compensation. A person filing a claim for compensation under the Crime Victims Compensation Act is not entitled to compensation if the victim's injuries or death were substantially attributable to the victim's own wrongful act or substantially provoked by the victim. SAMEvictim instigated fight leading to stabbing and death-claim denied. The surviving mother of a victim, who was stabbed to death during a fight which the victim instigated while he was drinking with the perpetrator, was denied compensation for funeral expenses, since the evidence established that the perpetrator was acting in self-defense, and no compensation is allowed under such circumstances.

PER CURIAM.

This claim was brought by Alberta Williams, mother of Joe Henry Williams, pursuant to the Crime Victims Compensation Act (Ill. Rev. Stat. 1981, ch. 70, par. 71 et se9.) for funeral expenses incurred as a result of the death of Joe Henry Williams on August 30, 1985. The immediate cause of death was a stab wound of the chest. The Chicago police initially arrested Clifford Willis for investigation with regard to Joe Henry Williams' death. He was later released without any charges being filed against him. Section 6.l(f) of the Crime Victims' Compensation Act states that a person in the position of Mrs. Williams is not entitled to compensation if the death of the victim was substantially attributable to the victim's own wrongful act and was substantially provoked by the victim. See Marchetti v. State (1980), 33 Ill. Ct. C1. 433. The evidence shows that the victim and Willis were in an automobile belonging to Willis when they began to argue and Williams began to beat Willis. Willis was knocked to the ground outside the car whereupon

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Williams pulled out a knife but did not use it. Minutes later, Willis was again attacked by Williams but this time took the knife away from Williams and stabbed him once. The evidence shows both men had been drinking prior to the incident. Claimant, Alberta Williams, was not a witness to the altercation.

It is the opinion of the Court that Joe Henry Williams was the instigator in this incident which led to his own demise. Willis acted in self-defense and therefore this claim should be denied.

This claim is hereby denied.

(No. 86-CV-0599-Claimant awarded $2,000.00.)

In re APPLICATION OF JOHN L. VASCONCELLES.

Opinion filed October 20,1986.

ROGER C. DENTON, Claimant. for N EIL F. HARTIGAN, Attorney General (SALLIE MANLEY, Assistant Attorney General, of counsel), for Respondent.

C R I M E VICTIMS C OMPENSATION Am- when compensation m a y be granted for funeral and medical expenses. Under the Crime Victims Compensation Act, compensation may be granted for funeral, medical and hospital expenses paid by a person related to the victim even though there is no dependency. SAME-deductions considered in awarding compensation. Pursuant to the Crime Victims Compensation Act, the Court of Claims must deduct $200.00 from all claims, and the amount of benefits, payments or awards payable under the Workers' Compensation Act, Dramshop 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 and the net proceeds of the first $25,OOO.00 of life insurance that would inure to the benefit of the applicant.

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SAMEmurder uictim-father granted maximum award for funeral expenses. The surviving father of a murder victim was granted the maximum award for funeral expenses paid as a result of his son's death, and he was allowed the right to reopen the consideration of his claim in the event of the payment of a compensable amount toward the outstanding medical expenses incurred as a result of the incident.

POCH,J.

This claim arises out of an incident that occurred on August 23, 1985. John L. Vasconcelles, father of the deceased victim, Mark J. Vasconcelles, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act. Ill. Rev. Stat. 1979, ch. 70, par. 71 et se9. This Court has carefully considered the application for benefits submitted on November 25, 1985, 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 the Claimant's deceased son, Mark J. Vasconcelles, age 29, was a victim of a violent crime as defined in section &(c)of the Act, to wit: murder (Ill. Rev. Stat. 1979, ch. 38, par. 9-1). 2. That on August 23, 1985, the victim was shot, allegedly by an offender who was known to him. The incident occurred in a parking lot located at Sangamon State University, Springfield, Illinois. Police investigation revealed that the victim was leaving work when the offender approached him. The offender then produced a gun and for no apparent reason, shot the victim twice. The victim was taken to Memorial Medical Center where he was pronounced dead `on arrival. The alleged offender has been `apprehended and charged with

325

murder. Criminal proceedings against him are currently pending as he has been found to be mentally unfit to stand trial at this time. 3. That the Claimant seeks compensation under the Act for funeral expenses and for medical expenses incurred prior to the victim's death. The Claimant was not dependent upon the victim for support.

4. That according to section lO.l(c) of the Act, a person related to the victim is eligible for compensation for funeral, medical and hospital expenses provided that such expenses were paid by him.

5. That funeral and burial expenses were paid by the Claimant in the amount of $5,359.48. Pursuant to section 2(h) of the Act, funeral and burial expenses are

compensable to a maximum amount of $2,000.00.

6. That the Claimant submitted an ambulance bill in the amount of $212.50, $62.00 of which was paid by insurance, leaving a balance of $150.00. The Claimant has not paid this balance. Therefore, pursuant to section lO.l(c) of the Act, this bill cannot be considered for compensation at this time.

7. That pursuant to section lO.l(e) of the Act, this

Court must deduct $200.00 from all claims, (except in the case of an applicant 65 years of age or older) and the amount of benefits, payments or awards payable under the Workers' Compensation Act, Dramshop 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 $25,000.00 (twenty-five thousand dollars) of life

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insurance that would inure to the benefit of the applicant.

8. That the Claimant has received nothing in reimbursements as a result of the victim's death that can be counted as applicable deductions. 9. That the Claimant may petition the Court to reopen consideration of his claim should he pay a compensable amount toward the outstanding medical expenses incurred as a result of the victim's death, pursuant to section 16 of the Act.

10. That after making all the applicable deductions

under the Act, the Claimant's loss is in excess of the $2,000.00 maximum award deemed compensable under the Act for funeral benefits.

It is hereby ordered that the sum of $2,000.00 (two thousand dollars) be and is hereby awarded to John L. Vasconcelles, father of the deceased victim, Mark J. Vasconcelles, an innocent victim of a violent crime.

CRIME VICTIMS COMPENSATION ACT OPINIONS NOT PUBLISHED IN FULL FY 1987

77-CV-0187 77-CV-0332 77-CV-0440 77-CV-0526 78-CV-0147 78-CV-0319 78-CV-0332 79-CV-0259 79-CV-0590 80-CV-0705 81-CV-0032 81-CV-0111 81-CV-0130 81-CV-0293 81-CV-0840 81-CV-0843 81-CV-0852 81-CV-0891 81-CV-0928 82-CV-0063 82-CV-0173 82-CV-0327 82-CV-0618 82-CV-0672 82-CV-0855 82-CV-0871 82-CV-0877 83-CV-0024 83-CV-0029 83-CV-0107 83-cv-0191 83-cv-0202 83-CV-0207 83-cv-0226 83-cv-0231 83-CV-0304 83-cv-0349 Burnette, Lucille Leen, Mary Anne Poremba, Pauline A. & Michael J. Fernandez, Elpidio Meyer, Vera Woehrle, Howard Parker, Gregory Stan, Harry Lampton, Virginia Santoyo, Margaret A. Heacox, Warner L., I Billups, Ronnie Arroyo, Victor Jackson, Robert O., Jr. Anderson, Mary Jane Collado, Mary Ann Rudy, Frances Ramirez, Jose Utley, Anthony S. Johnson, Bobby Szpunar, Janina Foust, Carol & Alma S. Huetson, Linda Durn, Grozie Rogers, Wylie Vacca, Spirit J. Boone, Betty J. Jacobazzi, Nicholas J. Ligas, Lawrence J. Brice, Keith Pierson, Linda E. Lynch, Betty Oxendine, Jasper M. Herrmann, Karin Oxendine, Alma C. Feaster, Otis S , Hildebrant, Fredric Martin Dismissed Dismissed Dismissed

$

.oo

5,117.00 Dismissed 8,397.12 828.66 Dismissed Dismissed 2,000.00 Dismissed Dismissed Dismissed Dismissed 15,000.00 431.46 Dismissed 582.54 Dismissed 7,583.19 989.67 2,768.00 5,407.50 Dismissed 15,000.00 1,413.72 Denied 2,540.00 1,069.38 Dismissed Denied 32.44 Dismissed 126.70 15,000.00 Dismissed

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328

83-CV-0389 Brooks, Maynolia 83-CV-0395 Jordan, Ann and Jordan, Joe C. 83-CV-0397 Therrell, Bennie 83-CV-0451 Dixon, Mary Patricia 83-CV-0464 Rica, Carla Y. Costa 83-CV-0476 Ariganello, Carol 83-CV-0528 Lemus, Sergio 83-cv-0542 DeCarlo, Baldossare T. 83-CV-0543 DeCarlo, Vivian 83-CV-0544 Araiza, Juan C. 83-CV-0614 Hurn, Ethel J. 83-CV-0622 Chatman, Raymond 83-CV-0630 See, Patricia L. 83-CV-0641 Kirk, Kyle K. 83-CV-0653 Roper, Raymond W. 83-CV-0664 Kolb, Lorraine 83-CV-0703 Holbrook, Jack A., Jr. 83-CV-0716 DeFranco, Barbara 83-CV-0765 Lopez, Trinidad 83-CV-0767 Henderson, Virgil E. 83-CV-0783 Lonski, John 83-cv-0835 Hall, Joseph S. 83-CV-0877 Duffy, Thomas P. 83-CV-0883 Sloan, Kathleen M. 83-CV-0904 Hill, Larry 83-CV-0915 Kim, Too-Pi1 83-CV-0947 Ware, Joddie Mae 83-CV-0958 Hood, Dale Dwayne 83-CV-1005 Belsan, Diane 83-CV-1018 Jackson, Melvin 83-CV- 1036 Miller, Ronald 83-CV-1051 Miller, Tina 83-CV-1108 Pikulski, Steve 83-CV-1187 Cullins, Evelyn R. 83-CV-1243 Evans, Julia M. 83-CV-1247 Hanner, Ronald Q. 84-cv-0011 Poole, Elaine 84-CV-0013 Jones, William H. 84-CV-0027 Horewitch, Bill 84-CV-0030 Klimke, Scot 84-CV-0038 Cooper, Rodney 700.00 1,934.00 Dismissed Denied 484.50 Denied 15,000.00 Dismissed Dismissed 1,4913 3 15,000.00 Denied Denied 1,458.60 1,800.00 Denied 476.85 Dismissed Dismissed Dismissed Dismissed 1,120.00 387.76 Dismissed Dismissed Dismissed 1,831.00 Dismissed 723.16 7,636.94 579.02 1,612.87 Denied 13,000.00 609.00 4,458.44 7,269.50 Dismissed 841.11 Dismissed Dismissed

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84-CV-0042 84-CV-0050 84-CV-0062 84-CV-0071 84-cv-0077 84-CV-0082 84-CV-0085 84-cv-0094 84-CV-0095 84-CV-0113 84-cv-0155 84-CV-0183 84-cv-0184 84-CV-0188 84-CV-0206 84-cv-0210 84-cv-0220 84-cv-0251 84-cv-0259 84-CV-0262 84-CV-0281 84-CV-0291 84-CV-0318 84-cv-0340 84-CV-0357 84-CV-0367 84-CV-0410 84-CV-0418 84-cv-0434 84-CV-0515 84-CV-0522 84-CV-0577 84-CV-0601 84-cv-0621 84-CV-0622 84-CV-0628 84-CV-0631 Brazier, Cleverine Dobbs, James E. Keyes, Gregory Rogers, Hattie J. Wilgus, William Brice, Keith Harris, Evelyn B. and Harris, Frank Goranson, Roger Richard Schmidt, Felice Ash-Shaheed, Rashidah Young, Olis Kennedy, Thomas F. Lodhia, Ebrahim Romero, Pedro Godinez, Nick R. Morrow, Benjamin Beck Robinson, Lee R. Hermosillo, Daniel J. Munson, Eric Latham, William P.E. Ouimet, Barbara L. Walker, Virgil Taylor, Edward A., Jr. Baker, John Henry, Jr. Lopez, Teresa Aguirre Cavaliere, Frank Chehreh-Tab, Teymour Kind, James Carr, Rollie Mendoza, Mario Nilsen, Marie Trentz, Gary M. Verstraete, Angela Burchette, Antonio Cole, John Kouimelis, Mike Washington, Gina (Mosley) and Mosley, Camillia 84-CV-0636 Dixon, Essie B. 84-CV-0639 Taturn, Darlene 84-CV-0689 Smith, Larry Darnel1 and Smith, Althea Dismissed 11,463.54 Denied Denied 677.80 Denied Denied 1,205.00 474.66 Dismissed 252.57 5,279.27 1,691.77 1,630.66

1,900.00 Denied Dismissed 600.00 Dismissed Dismissed 4.54 7,054.00 1,265.75 Dismissed Denied Dismissed Dismissed Denied 91.44 Dismissed 1,114.12 Dismissed

400.00

Dismissed Dismissed Denied 15,000.00 Denied Denied 788.98

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84-CV-0722 84-CV-0743 84-CV-0751 84-CV-0790 84-CV-0813 84-cv-0830 84-CV-0880 84-cv-0904 84-cv-0923 84-cv-0926 84-cv-0934 84-CV-0952 84-CV-0958 84-cv-0961 84-CV-0962 84-CV-0974 84-cv-0985 84-CV-0987 84-CV-0993 84-cv-1012 84-cv-1021 84-CV-1039 84-CV-1073 84-CV-1074 84-CV-1092 84-cv-1100 84-cv-1122 84-CV-1131 84-cv-1133 84-cv-1134 84-cv-1138 84-CV-1139 84-CV-1143 84-CV-1169 84-CV-1192 84-cv-1202 84-CV-1203 Rider, Kathleen M. Williams, Charles Payne, Chris J. Caldera, Manuel Rodriguez Johnson, James Kevin Brooks, Brian Arteaga, Manuela Almaraz and Arteaga, Amador Allbritton, Leon Dean Dickens, Loretha Johns, Karen Johnson, Larkin i Robinson, Alfred, Jr. k Hertzberg, Esther, by Patrick Murphy, Guardian Hunter, Earlene Costas, Oscar Hoffman, Laraine Heafey, Allan Remi Sienieniec, John Sykes, Birdie Lee Brown, Curtis A. Vazquez, Jose Manuel McCullom, Rosemary and McCollum, Lu874.93 Dismissed Denied Dismissed 1,029.28 Dismissed 1,052.16 4,024.75 2,000.00 Denied Dismissed Dismissed Denied Denied Denied Dismissed Dismissed Dismissed 5,816.02 284.65 11,250.00 Dismissed 1,786.10 Dismissed

cindy

Fleming, Charlesetta Shores, Phyllis Myra and Shores, Venelea White, Robert Guillen, Gilberto, Sr.; Gilberto, Jr.; Antonio R.; Estudillo, Bertha Oldham, Carol Hollesen Doyle, Richard W. Vernier, John Vernier, John Vernier, John Jones, Lois Walker, Lloyd L. Parks, Carlos C. Patterson, Alphredia Buojac, Frank Souranis, Spiros Valdez, Rogelio

2,000.00 Dismissed Denied Dismissed Dismissed Dismissed Denied Dismissed Dismissed 15,000.00 Dismissed 1,687.03 131.99

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84-CV-1243 84-cv-1266 84-CV-1279 84-CV-1286 84-cv-1289 84-cv-1290 85-CV-0014 85-cv-0026 85-cv-0035 85-CV-0039 85-CV-0070 85-cv-0077 85-cv-0091 85-CV-0108 85-cv-0109 85-CV-0117 85-cv-0125 85-CV-0141 85-CV-0146 350.00 Glazer, Morton S. Dismissed Baranda, Jorge Denied Kozora, Donald R. 15,000.00 Echols, Dorothy 5,187.50 Robinson, Shirley and Hanks, Stephanie. Dismissed Bell, Deborah Ann Dismissed Arnold, Louise Denied Pearson, Eugene C. Denied Brown, Christine M. Dismissed Harvey, Brunetta Dismissed Byrd, John A. Dismissed Garrett, Lois 1,716.40 Sylvester, James E. 2,000.00 Estrello, Rosalinda and Estrello, Niceforo R. Dismissed Sohn, Anthony 2,000.00 Green, Bernice D. Denied Pruitt, Dorothea 10,827.50 Jackson, Kaaren Dismissed Rivera, Efrain 2,000.00 Davis, Van J. Denied Clark, Ralph C. Dismissed McBee, Steven Wayne Dismissed Ballentine, Alonzo, Jr. 6,776.10 McGuire, J. M. 15,000.00 Brandon, Matthew, Jr. 15,000.00 Lopez, Catalina Dismissed House, Freddie 2,047.40 Tomlin, Edward 5,182.40 Brown, Vanessa Denied Jones, Michael J. Dismissed Najar, Virginia Dismissed Vaughn, Roy 2,560.00 Yosko, Kathleen C. Dismissed Lara, Jose M. 8,280.00 Clay, Sally Jackson, Monda; Jackson, Mary; Weathers, 15,000.00 Loretta; and Conway, Charlene 2,465.99 Jones, Woodroe Dismissed Edwards, George 15,000.00 Dennis, Sherry J. Denied Powell, John A.

85-CV-0151

85-CV-0175 85-CV-0182 85-CV-0192 85-cv-0205 85-CV-0248 85-CV-0263 85-CV-0268 85-CV-0273 85-CV-0277 85-cv-0282 85-cv-0284 85-CV-0289 85-CV-0291 85-CV-0306 85-CV-0316 85-CV-0323 85-CV-0325 85-CV-0336 85-cv-0353 85-CV-0362

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85-CV-0364 85-CV-0365 85-CV-0371 85-CV-0390 85-CV-0401 85-CV-0413 85-CV-0425 85-CV-0440 85-CV-0449 85-CV-0457 85-CV-0458 85-CV-0470 85-CV-0473 85-CV-0483 85-CV-0496 85-CV-0497 85-CV-0535 85-CV-0551 85-CV-0558 85-C V-0562 85-cv-0569 85-C V-0590 85-CV-0605 85-CV-0606 85-CV-0609 85-CV-0620 85-CV-0622 85-CV-0634 85-CV-0635 85-CV-0640 85-CV-0653 85-CV-0658 85-CV-0664 85-CV-0692 85-CV-0696 85-CV-0702 85-CV-0708 85-CV-0719 85-CV-0729 85-CV-0735 Smith, Marilyn and Smith, Stella Tanaphong, Suvit Platis, Kimberly L. Jackson, William Mack Harris, Roy M. Anderson, Phillip Mayen, Israel Baker, Patricia McAdams, Luther J., Jr. Chambers, Bobbie Hawkins, Michael Wayne Wellhausen, Linda Gonzales, Frank F., Sr. Tamayo, Luis Lee, Mabel Powell, Linda Brown, Patricia M. Wicherek, Dolores F. Lucas, Louise Franco, Jose Brown, Patricia M. Cross, Franklin H., Sr. Roudebush, John M. Germany, Carla M. Cannon, Roger Ramirez, Elveria Hawkins, Joe Cobbs, Regina Dudley, Steven Bailey, Carolyn Sanders, Terry Cross, Leslie Ledezma, Isidro Galloway, Troy A. Polak, Vaune 0. Brown, Michael Edwin Weston, Herbert Beckman, Edward J. Kosin, Robert Golden, David

2,000.00 2,247.65 Dismissed Denied Denied Dismissed Denied 15,000.00 Denied 360.48 Dismissed 15,000.00 2,000.00 Denied Denied Dismissed Denied Dismissed 564.60 1,420.00 160.00 Denied

734.52

Dismissed 15,000.00 14,513.00 Denied 15,000.00 297.55 Denied Dismissed Dismissed 2,374.34 8,563.25 Dismissed Dismissed 9,248.65 Denied 1,500.00 6,637.74

I

333

85-CV -0736 85-CV-0738 85-CV-0746 85-CV-0755 85-CV-0783 85-CV-0789 85-CV-0817 85-CV-0818 85-CV-0825 85-CV-0826 85-cv-0828 85-CV-0839 85-CV-0844 85-CV-0849 85-CV-0858 85-CV-0867 85-CV-0870 85-CV-0871 85-CV-0874 85-CV-0879 85-CV-0894 85-CV-0896 85-CV-0904 85-CV-0912 85-cv-0919 85-CV-0920 85CV-0933 85-CV-0938 85-CV-0939 85-CV-0940 85-CV-0942 85-CV-0973 85-CV-0976 85-cv-0990 85-CV-1002 85-CV-1003 85-CV-1004 85-CV-1015 85-cv-1035 85-CV-1043 85-CV-1071 Larson, Peter Harris, Suzette Niemet, Nancy A. Wardlow, Sam, Jr. Przetacznik, Rita Anne Coty Makosky, Anita D. Evancho, Cathy (Bradshaw) Bradshaw, William B. Ells, Edna E. Foster, Bernard Ghani, Sameer Mendenhall, Janice Lee Ruiz, Michelle Chamorro Szuper, Susan Williams, Rosemary Bozis, Constantinos Rivera, Elida Shaw, LaVerne a/k/a Sharon Morrow Contreras, Alfonso Mack, Berta Gunn, Dorothy Laws, Mildred L. Cowley, Don N. Reynolds, George Hill, General A. Imburgia, Dolores T. Owens, Olivia Hernandez, Rudy, Jr. Hill, Robert Lewis, Norma Staller, Joseph Obiahuba, Ngozika I. Nowicki, Harriet Shelton, Danny Ray Gonzalez, Adolfo Hernandez, Francisco Hunter, Lubertha Rueter, Helen N. Economou, George E. Kokkines, Wendy Sanders, Wiley C. Denied 1,128.38 Dismissed Denied Denied 1,254.60 3,168.80 Denied 940.67 Denied Denied Denied Dismissed Denied 73.00 1,119.70 Dismissed Dismissed Dismissed Denied 2,000.00 500.00 69.33 3,850.72 2,000.00 222.25 Denied Dismissed 1,342.03 Dismissed 8.00 Dismissed 77.20 Denied Denied Dismissed 225.00 Denied Dismissed Dismissed 1,306.50

334

85-CV-1072 85-CV-1076 85-CV-1086 85-CV- 1091 85-CV-1092 85-CV-1096 85-CV-1097 85-CV- 1100 85-cv-1106 Stacker, Shelia Oden, Charles Diaz, Felix Scubelek, David R. Brello, Linda Goodman, Carolyn Makris, George Ross, Vadah Marie Curfman DeMenchaca, Arminda Garcia and DeMenchaca, Anita Gomez and DeMenchaca, Carmen Ford, Sharon Y. Rager, Marie C. Blair, Beverly Jan Lofton, James E., Jr. Cortez, Rafael Garcia, Martin Hagerud, Joyce Hukic, Bajro Harrison, Joanna Hemphill, Jessie Mae Haywood, Eddie B., Jr. Cox, Gloria Ann Goudschaal, Stephen Winston, Michael Lindsley, Richard N. Olson, James E. Perez, Sipriano Soria, Rogelio Davis, Bettie L. Davis, Bettie L. Johnson, Antonio Thomas, Beatrice Todd, Wilmar, Mrs. Spicer, Mary Heard and Heard, Alice Baker, Curtis B. Dum, Alan N. Jones, Sidney Rivera, Francisco Szymborski, Daniel Dougherty, Thomas and Dougherty, Beth J Denied Dismissed 2,000.00 Denied Denied 2,000.00 15,000.00 2,000.00

85-CV-1116 85-cv-1124 85-CV-1130 85-CV-1136 85-CV-1139 85-CV-1146 85-CV-1157 85-CV-1158 85-CV-1168 85-CV-1170 85-CV-1171 85-cv-1183 85-CV-1186 85-cv-1194 85-CV-1203 85-CV-1206 85-CV-1208 85-CV-1210 85-CV-1213 85-CV-1214 85-CV-1215 85-CV-1219 85-cv-1220 85-CV-1229 85-CV-1232 85-cv-1236 85-cv-1249 85-CV-1256 85-CV-1257 85-CV-1262

8,250.00 Denied 15,000.00 Dismissed 1,197.56 1,384.92 Denied Denied 6,596.46 Dismissed 2,000.00 6,473.96 Denied Denied 75.86 4,429.49 2,875.00 Denied 106.81

960.00

.oo

Denied 1,854.50 Denied 10,500.00 Dismissed 676.18 Dismissed 2,676.32 2,170.18 327.57

335

85-CV-1268 85-CV-1269 85-CV-1272 85-CV-1274 85-CV-1275 85-CV-1281 85-CV-1294 86-CV-0002 86-CV-0008 86-CV-0014 86-CV-0019 86-CV-0036 86-CV-0037 86-CV-0049 86-CV-0054 86-CV-0058 86-CV-0064 86-CV-0065 86-CV-0067 86-CV-0068 86-CV-0085 86-CV-0088 86-CV-0089 86-CV-0090 86-CV-0095 86-CV-0096 86-CV-0103 86-CV-0108 86-CV-0110 86-CV-0112 86-CV-0118 86-CV-0124 86-CV-0128 86-CV-0129 86-CV-0134 86-CV-0136 86-CV-0144 86-CV-0148 86-CV-0151 86-CV-0153 86-CV-0161 Coburn, Loleta Demetzensky, Alex Parker, Elijah Torres, Grace Freitas, Richard N., Jr. Haglund, Donald 0. Urba, Christopher W. Escobedo, Maria G . Villasenor, Moses Hawkinson, Astrid Soparas, Stanley C. Brownie, Doris Norma Dobos, Zoltan Hoskins, Linda Wilson, Connie Murray, Sidney Ferguson, Jeanette Ornelas, Javier Dogan, Phil H., Sr. Lewis, Jean Lauschke, Alan L. Corona, Miguel Arroyo, Ana Doris Barjakterevic, Zagorka Cummings, Beatrice E. Del Pilar, Angelina Fernandez Conlon, Harriet Casey, Daniel Contacessi, Vincent Kirk, Audrey Clark, Charles E. Jackson, Rochelle Dvorak, Ann Harvey, Ora L. Moody, Lenolia Oquist, Elsie Smith, Alexander Bales, Carey L. Carrell, Anthony Harris, Nellie Strava, Jackie L. Dismissed Denied Dismissed 15,000.00 Denied 424.95 Denied Dismissed 2,000.00 196.50 451.70 557.30 6,921.90 Dismissed Dismissed 15,000.00 Denied Denied Denied 103.56 2,768.44 15,000.00 2,000.00 15,000.00 675.00 3,620.40 192.00 Denied Denied 3,268.55 Dismissed 2,000.00 320.52 15,000.00 Dismissed 1,067.00 Dismissed 2,230.42 652.00 Denied Denied

86-CV-0163 86-CV-0165 86-CV-0176 86-CV-0179 86-CV-0190 86-CV-0202 86-CV-0203 86-CV-0207 86-CV-0218 86-CV-0221 86-CV-0223 86-CV-0230 86-CV-0232 86-CV-0233 86-CV-0235 86-CV-0240 86-CV-0243 86-CV-0246 86-CV-0247 86-CV-0248 86-CV-0252 86-CV-0258 86-CV-0264 86-CV-0269 86-CV-0289 86-CV-0291 86-CV-0295 86-CV-0299 86-CV-0303 86-CV-0313 86-CV-0316 86-CV-0320 86-CV-0324 86-CV-0326 86-CV-0328 86-CV-0330 86-CV-0332 86-CV-0335 86-CV-0341 86-CV-0342 86-CV-0345

Smith, Roberta L. Bernahl, Cindy Ann James, Elaine Wallace, Pamela Gail Everhart, Linda Chiu, Chiu Ning Moyer, Collen (Grachen) Orange, Florida L. Rios, Milagros Barnes, Romelvin Holmes, Marilyn Garrett, Robert W. O'Toole, Kevin K. Burgin, Herbert C., Jr. Gulotta, John Reynolds, Fred D. Uczciwek, Kathleen Beavers, Leon Choe, Yung Won Hannah, Lester N. Fabre, Francisco Ruszel, Robert E. Howell, Mark E. Young, Donald L. Lindsey, Paul W. McGhee, Tanya Barnett, Geney R. Duncans, Evelyn Lapke, Harriette D. Buckner, Sandra M. Gilbert, Kathy A. Lynch, Cleaster Jordan, Larry Logsdan, Scott Abraham, Marie Cole, Hazel Jacinto, Epifanio Partida, Rogelio Clark, Constance M. Fields, Claude L., Jr. Harris, Doris

Dismissed Dismissed Denied 311.00 2,000.00 1,806.36 14,171.82 1,958.65 Dismissed 455.46 1,583.28 Denied 480.50 660.65 2,750.00 12,954.79 2,077.80 Denied

24.60

Denied Denied . 1,606.09 Denied 7,481.65 1,270.38 Dismissed Dismissed 605.00 Denied 15,000.00 Denied Denied Denied Denied Dismissed 15,000.00 1,117.30 2,661.53 654.46 754.54 Denied

337

86-CV-0360 86-CV-0362 86-CV-0368 86-CV-0371 86-CV-0377 86-CV-0384 86-CV-0385 86-CV-0396 86-CV-0405 86-CV-0407 86-CV-0424 86-CV-0425 86-CV-0428 86-CV-0431 86-CV-0432 86-CV-0433 86-CV-0440 86-CV-0448 86-CV-0452 86-CV-0453 86-CV-0455 86-CV-0457 86-CV-0462 86-CV-0465 86-CV-0478 86-CV-0487 86-CV-0491 86-CV-0492 86-CV-0505 86-CV-0506 86-CV-0509 86-CV-0510 86-CV-0515 86-CV-0518 86-CV-0520 86-CV-0523 86-CV-0525 86-CV-0528 86-CV-0530 86-CV-0531 86-CV-0533 Corona, Maria Granderson, William Robey, Grider Shipley, Robert M. Cardona, Frederico Hernandez, Dolores C. Lashley, Mari Malito, Deborah J. Brent, John P. Famewo, Oladipo Collins, Carolyn Kay Cotton, Gordon W. Joneson, Eugene H. Mears, Cyndi Singleton, Fred T. Anderson, Joan Gildeo, Lynne L. Infanti, Mark P. Hobyl, Waltraud M. Hobyl, Waltraud M. Richards, William A., Mrs. Rhodes, Dorothy Davis, Christine Lathers, Teresa C. Russo, Aida Gloria Robinson, Alberta Garrett, Michael Evans, Johnny S. Croce, Elena Darling, LaWanda LaPapa, James, Jr. Leveston, M ontell Leggans, Charles Tomei, John and Tomei, Deborah Hannon, Darla J. Robinson, Herbert C. Adams, Jacqueline Tillman, Jeannette Gathright, Bonnie Petrick, Robert and Petrick, Beverly L. Dantzler, Geraldine 0. 15,000.00 1,450.00 Denied Denied Denied Denied Denied 57.83 Denied Denied Denied 397.20 114.60 215.63 2,159.00 Denied ... Dismissed Denied Dismissed Dismissed 179.30 1,777.00 2,000.00 400.43 15,000.00 Denied Denied Dismissed 500.00 Denied 2,219.96 Denied 2,737.00 7,870.00 2,580.22 1,700.OO Dismissed Denied 15,000.00 9,960.00 15,000.00

338

86-CV-0535 86-CV-0539 86-CV-0541 86-CV-0546 86-CV-0551 86-CV-0552 86-CV-0555 86-CV-0556 86-CV-0565 86-CV-0566 86-CV-0577 86-CV-0592 86-CV-0598 86-CV-0608 86-CV-0613 86-CV-0616 86-CV-0621 86-CV-0623

86-CV-0624

Kluz, Jadwiga Stelmach Flax, Cynthia D. Link, Debra L. Slone, Vera Cole, Lolita Cuellar, Albert0 Ziolkowski, Cheryl (Pabon) Poston, Frances Jones, Carrie S. Jones, Carrie S. Tait, Robert, Jr. Tomei, Deborah Lee, Bernice Jones, Gregory T. Fields, Rosie Lee Zouganelis, Lillian M. Campos, Carmen Jablonski, Diana

Kilgallon, Sean T.

15,000.00 1,471.30 2,925.03 Denied 1,124.18 Dismissed 1,661.98 Denied Denied Denied 6,511.35 Dismissed Denied 11,877.13 Denied 15,000.00 225.75 15,000.00

221.12

86-CV-0630 86-CV-0631 86-CV-0641 86-CV-0644 86-CV-0645 86-CV-0647 86-CV-0649 86-CV-0650 86-CV-0655 86-CV-0656 86-CV-0662 86-CV-0663 86-CV-0666 86-CV-0667 86-CV-0669 86-CV-0677 86-CV-0678 86-CV-0681 86-CV-0684 86-CV-0686 86-CV-0692

Mieloszyk, Steve Richardson, Leotha King, Thomas L. Rankin, Darlene and Rankin, Gilbert Dare, James L., by Betty Webb, Guardian and Dare, John Callese, Josephine Falconetti, Lisa M. Gerstenecker, Ne11 Brown, Herbert Bruce, Brenda K. Lee, Arthur M. Lyte, Patricia and Johnson, Lula Mae Pulvino, Kim Rodriguez, Roberto Smith, Maida George, Janie Petty, Brian Merz, Hermann Harbin, Diane Marie and Harbin, Hedy Rizzolo, Frank Hodge, Herbert

3,807.10 4,720.49 1,642.25 1,406.00 2,000.00 300.00 991.90 Denied 49.40 962.72 Dismissed Denied Dismissed Dismissed Dismissed Denied 15,000.00 Dismissed 1,670.00 233.20 1,286.97

'

339

86-CV-0696 86-CV-0704 86-CV-0709 86-CV-0711 86-CV-0717 86-CV-0725 86-CV-0731 86-CV-0733 86-CV-0734 86-CV-0735 86-CV-0737 86-CV-0738 86-CV-0743 86-CV-0744 86-CV-0746 86-CV-0751 86-CV-0765 86-CV-0767 86-CV-0778 86-CV-0779 86-CV-0781 86-CV-0782 86-CV-0783 86-CV-0790 86-CV-0795 86-CV-0798 86-CV-0799 86-CV-0800 86-CV-0803 86-CV-0807 86-CV-0808 86-CV-0809 86-CV-0811 86-CV-0812 86-CV-0815 86-CV-0824 86-CV-0830 86-CV-0832 86-CV-0839 86-CV-0855 86-CV-0856 Stubbs, Quint R. Rocke, Richard A. Bell, Edward Taylor, Ronald E. Ewing, Caroline McKinney, Susan Edwards, Gregory Muneeruddin, Mohammed Ransom, Donnie W. Acosta, Luis Dietrick, Barbara M. Eberstadt, Edward O., Jr. Raphaelidis, Kimon Rickard, Michelle Wheeler, C. & M.R. Perez, Mary Palomar, Cathy A. Choi, Young-Sik Jiggetts, Betty Jean Johnson, Dianna Minkler, Scott A. Minkler, Scott A. Minkler, Scott A. Morrison, Doris J. Brown, Louise Hovenga, Tamara Dee Cornell Hovenga, Tamara Dee Cornell Karlaftis, Konstantinos Stevens, Zelia 0. Hart, Jeffrey Scott Hill, Mattie L. Khurshid, Kamran Nowak, Zofia Smith, Marie Gibson, Joseph Bran, Otto Lazzara, Steven Sanchez, Euencion Severiano Breyer, Richard Hanvy, Mary Hendrix, Cora Denied 1,044.25 Denied Dismissed Dismissed 575.00 1,225.00 Dismissed Dismissed Denied 328.29 120.00 2,596.84 25.89 315.00 650.00 789.45 Dismissed Denied Denied 976.25 976.25 976.25 1,971.74 2,000.00 338.50 Denied 2,000.00 1,365.62 1,713.59 Denied 10,926.00 1,373.19 2,165.84 Denied Denied Denied 1,919.80 715.47 Denied

604.00

340

86-CV-0866 86-CV-0870 86-CV-0875 86-CV-0877 86-CV-0881 86-CV-0891 86-CV-0893 86-CV-0895 86-CV-0897 86-CV-0899 86-CV-0900 86-CV-0908 86-CV-0912 86-CV-0913 86-CV-0922 86-CV-0928 86-CV-0929 86-CV-0931

86-CV-0932

Khan, Nazir Adams, Allan D. Rivera, Byron Wagner, William D. Bogan, Zernial M. Sanders, Nathaniel Abrego, Elena Bardhi, Zenel Hanlon, Dwight Krochmal, Stanley Lampkins, Charles Cote, Bruce A. Friedman, Harry Gray, Walter, Jr. Pritts, David R. Craig, Kathy J. Fisher, Patrick Kerwin, Albert

Anderson, Adrian L.

86-CV-0935 86-CV-0941 86-CV-0942 86-CV-0946 86-CV-0947 86-CV-0950 86-CV-0953 86-CV-0954 86-CV-0957 86-CV-0963 86-CV-0964 86-CV-0965 86-CV-0966 86-CV-0968 86-CV-0969 86-CV-0975 86-CV-0982 86-CV-0984 86-CV-0986 86-CV-0987 86-CV-0993 86-CV-0994

Head, Samuel and Head, Jennie B. Jacobs, Helen Kinabrew, William Gill, William T., Jr. Krawczynski, Sharon L. Girardi Jr. Keane, Richard I., Rohrman, Douglas F. Sanford, Sharon Bell, Alvin Graham, Joseph S. Holts, James R. Hoyne, David Jones, Asa Tirman, Barbara M. Tirman, Barbara M. Vazquez, Barbarita Over, Robert P. Evers Kola, Zeqo Reed, Donna McCray Menke, Frederick P. Dollinger, Kurt C. Johnston, Jodi J.

976.40 654.79 2,255.62 2,000.00 Denied 2,000.00 50.00 203.00 Dismissed 8,935.20 Denied Denied 2,600.00 Denied 448.00 701.10 1,229.08 410.31 820.83 1,135.00 3,314.36 Denied 202.00 2,011.64 947.46 2,000.00 8,025.12 3,759.11 535.00 Denied 778.00 443.17 15,000.00 2,000.00 1,070.00 537.00 Denied 2,000.00 946.25 Denied 165.50

341

86-CV-0997 86-CV-1002 86-CV-1003 86-CV-1016 86-CV-1017 86-CV-1020 86-CV-1022 86-CV-1042 86-CV-1046 86-CV-1048 86-CV-1049 86-CV-1050 86-CV-1052 86-CV-1053 86-CV-1060 86-CV-1062 86-CV-1063 86-CV - 1065 86-CV-1066 86-CV-1068 86-CV-1075 86-CV-1076 86-CV - 1080 86-CV-1087 86-CV-1090 86-CV-1093 86-CV- 1095 86-CV-1102 86-CV-1104 86-CV-1111 86-CV-1113 86-CV-1114 86-CV-1115 86-CV-1116 86-CV-1117 86-CV-1119 86-CV - 1120 86-CV-1127 86-CV-1130 86-CV-1131 86-CV-1134 O'Neal, Bessie Warren, Ruth Anderson, Darren B. Mullinax, Roberta M. Rashid, Gregory M. Blackwell, Norma Burch, Florence Balch, James W. Eddings, James Goodwin, Sylvester Hibbler, Gloria Jones, Edward Maksymiw, Michael Martin, Linda and Hildreth, Laura Williams, Juanita Collins, Simmie Edwards, Bertha Flores, Patricia Cunning, Clifford C. Lee, Thelma Durbin, David M. Lee, Sandra S. Trenholm, Douglas F. Vantrease, Shirley Bahena, Estela Baca Daniels, Floret Ellison, Albert Benjamin, Curtis Fletcher, Shirley Bridge, Margaret M. Bell, Lucille Daniel, Ruth Griffin, James M. Johnson, Rebecca S. Loyd, Mattie Riva, Linda Torres, David Talbot, Charles E. Lewis, Brenda Spight, Michael T. Woith, Betty L. 1,685.00 Denied Denied 15,000.00 966.42 2,060.00 40.00 994.90 8,830.28 Denied Denied 1,959.55 2,000.00 2,000.00 2,000.00 Denied 807.15 900.00 23,133.31 Denied 6,035.96 Denied 342.21 1,492.80 15,000.00 Denied 523.75 2,000.00 2,000.00 2,000.00 Dismissed Denied 42.69 488.75 2,842.00 232.80 2,000.00 Dismissed Denied Denied 84.00

342

86-CV-1137 86-CV-1144 86-CV-1148 86-CV-1149 86-CV-1153 86-CV-1155 86-CV-1156 86-CV-1158 86-CV-1161 86-CV-1164 86-CV-1166 86-CV-1167 86-CV-1171 86-CV-1175 86-CV- 1176 86-CV-1181 86-CV-1187 86-CV-1188

86-CV-1189

86-CV-1192 86-CV-1198 86-CV-1201 86-CV-1202 86-CV-1203 86-CV-1206 86-CV-1208 86-CV-1209 86-CV-1210 86-CV-1211 86-CV-1215 86-CV-1217 86-CV-1219 86-CV-1220 86-CV-1221 86-CV-1223 86-CV-1229 86-CV-1230 86-cv-1233 86-CV-1241 86-CV-1242 86-CV-1243

Ferguson, Mary E. Pitman, Georgia Barksdale, Robert Franco, Vicente Nimely, Darlene R. Wilson, Eva Yoon, Bog S. Jackson, Francine Hicks, Daisy Sanders, Bessie 0. Andersen, Hazel Jablonski, Avril Jane Macias, Juan Patterson, Kenneth A Perteete, Katherine and Perteete, Verne1 Kuhn, Catherine Miller, Juanita and Wassell, Elizabeth J. Bryant, Azalee Gibbons, Mary Elizabeth Maish, Jeffrey A. Mitchell, Richard D. Demmit, Pauline Bellfo Kellogg, Willard C. Leon, Cervando Sullivan, David C. Wesley, Keith J. Berumen, Abelino Gibson, Ronald McQueen, Suzan P. Barrientos, Justo R. Ferrell, Reggie Edward Marcatante, John D. Marcatante, John D. Preciado, Pamela Kudelko, Michael J. Davis, Glenn Edward Hardy, Martin Vasquez, Mary Williams, Linda Calabreese, Joseph J. Holland, Susan K.

Denied 75.50 72.72 Denied 2,974.46 1,803.80 15,000.00

2,000.00 1,888.07 Denied 2,982.37 Denied Denied 777.44 1,296.00 405.95 Denied Denied 11,569.81 1,805.00 11,351.42 Dismissed 2,000.00 10,257.05 518.37 Dismissed 6,488.84 Denied 567.73 Denied Denied 2,000.00 2,000.00 160.00 15,000.00 8,936.75 Denied Denied 748.09 819.25 4,177.08

!

343

86-CV- 1247 86-CV-1251 86-CV-1252 86-CV-1253 86-CV-1255 86-CV-1256 86-CV-1258 86-CV-1260 86-CV-1261 86-CV-1265 86-CV-1268 2,000.00 Roberts, Roberta Denied Calvin, Dorothy 2,000.00 Causey, Connie M. 835.00 Johnson, Frankie Mae 1,020.14 Winfield, Derek B. Dismissed Bartlett, Diana 2,000.00 Brown, Emma M. Denied Doppelt, Alice 278.75 Goff, Roy 877.37 Klaric, Steven Tucker, Earnestine and Morris, Richard Denied Lamont 10,150.00 86-CV-1270 Williams, Eleanor and Powell, Joyce 611.20 86-CV-1271 Williams, Gerald 15,000.00 86-CV-1272 Aroca, Maria Luz 6,084.25 86-CV-1274 Dominguez, Salvador Denied 86-CV-1276 Elliff, Michael P. 1,018.50 86-CV-1281 King, Adam 2,000.00 86-CV-1283 Massa, Lenda S. 2,000.00 86-CV-1287 Tracy, William C. 2,000.00 86-CV-1288 Velez, Maria E. and Velez, Maria 58.20 86-CV-1289 Wilkey, Webb L. 1,738.80 86-CV-1290 Wakil, DeLinda C. Denied 86-CV-1293 Bojarski, Lawrence J. 340.85 86-CV-1295 Helm, Caroline Elizabeth Denied 86-CV-1296 Jedkins, Airlane 1,943.18 86-CV-1299 Rodriguez, Sixto M. 2,000.00 86-CV-1300 Santamaria, Enrique 647.60 86-CV-1302 Webster, Spencer 1,570.00 86-CV-1304 Webb, Betty F. Denied 86-CV-1305 Mitchell, Beatrice Denied 86-CV-1309 Weathersby, Lottie 2,698.00 86-CV-1314 Perez, Thomas Denied 86-CV-1315 Brent, Carmen 176.14 86-CV-1316 Chaney, Albert Denied 86-CV-1317 Gant, Troy 2,419.44 86-CV-1321 Sudmeier, Joanne Louise 1,079.53 86-CV-1328 Loy, Bradley V. 2,000.00 86-CV-1330 Rickenbrode, Helen 1,896.71 86-CV-1336 Bush, DeLois Clark, and McPhan, Donald 2,000.00 86-CV-1337 Cotton, Clara

344

86-CV-1338 86-CV-1339 86-CV-1341 86-CV-1343 86-CV-1344 86-CV-1346 86-CV-1349 86-CV-1355 86-CV-1357 86-CV-1358 86-CV-1363 86-CV-1366 86-CV-1367 86-CV-1369 86-CV-1370 86-CV-1372 86-CV-1374 86-CV-1375 86-CV-1377 86-CV-1378 86-CV-1382 86-CV-1384 86-CV-1385 86-CV-1392 86-CV-1394 86-CV-1395 86-CV-1396 87-CV-0001 87-CV-0002 87-CV-0005 87-CV-0006 87-CV-0009 87-CV-0011 87-CV-0012 87-CV-0013 87-CV-0015 87-CV-0016 87-CV-0023 87-CV-0025 87-CV-0027 87-CV-0029 Davis, Thelma Doolittle, Wesley E. Flowers, L.V. and Flowers, Arie Jahnke, Joan B. Lemanski, Bernard Michael, Carolyn J. Pegues, Charles H. Bey, Josie Gong, Sing Heinz, Rose E. Rhoden, Annie Thomas, Darrell Wright, Betty Jones, Ralph E., Rev. Banks, Murdie Burchell, Jerry L. Douglas, Fred E. Dyson, Dwight Heard, Elmira and Foster, Shirley F. Mann, Edwin H., Jr. Smith, Mavis C . Trice, Elizabeth Tworek, Dennis F. Perry, Michael Brown, Nathaniel Cesario, Gregory J. Davis, Dorothy J. Bente, Laurie M. Bufkin, Oliver & Carolyn Bass, Donna Brown, Edward F. Gruber, Frederick J. Johnson, David Miller, Elizabeth M. Stephenson, Cynthia W. DeVargas, JoAnne Spatz Engle, Shirley J. Mahony, Fred Malas, Elizabeth Pugh, Kelvin Wargo, Norman L., Sr. 2,000.00 3,064.44 15,000.00 Denied 1,530.27 3,378.08 70.00 Denied 620.58 527.50 Denied Denied Denied 2,050.00 2,000.00 1,479.76 Denied 1,210.65 50.80 5,660.00 Denied 2,000.00 2,000.00 2,730.30 2,000.00 158.15 2,000.00 55.00 2,207.79 Dismissed Denied 104.00 418.85 Denied 2,000.00 262.80 156.66 Denied 1,127.70 3,140.47 2,075.00

345

87-CV-0031 87-CV-0033 87-CV-0035 87-CV-0037 87-CV-0039 87-CV-0041 87-CV-0043 87-CV-0044 87-CV-0045 87-CV-0047 87-CV-0051 87-CV-0052 87-CV-0053 87-CV-0057 87-CV -0058 87-CV-0059 87-CV-0061 87-C V-0065 87-CV-0067 87-CV-0068 87-CV-0069 87-CV-0073 87-C V-0074 87-CV-0076 87-CV-0078 87-CV-0079 87-CV-0080 87-CV-0081 87-CV-0082 87-CV-0084 87-CV-0086 87-CV-0089 87-CV-0097 87-CV-0100 87-CV-0102 87-CV-0103 87-CV-0107 87-CV-0108 87-CV-0111 87-CV-0112 87-CV-0114 Stiff, Annie Lee Naffziger, Brent Revels, Connie J. Adams, Charles V. Bellas, Rex and Bellas, Alice Brown, Johnny Mack Castronovo, Angelina Chaffee, Adlenen Fragoso, Francisco Lorenz, Donald Alan Vance, Juliet Wilkes, Keith Wilson, Margaret L. Del Gallo, Joanne Gatlin, Elaine LaRocca, Shirley Sitzman, Herbert Coker, Adlean Gulich, Roger J. Jones, Delores Watley, Virtlee G. Loyd-Handy, Patricia Patterson, Darlene R. Taylor, William Eastman, Gregory Alan Laporte, Anne Markowicz, Joseph G. McCormick, Herbert Holmes, Annie Budney, Leonard Calloway, Eva Cory, Henry T. Overton, Jeffrey A. Williams, Beverly A. Lange, Richard C. Moore, Lynda McCoy, Willie Rubrecht, Bernard F. Banks, Cherease Duncan Dossani, Zarina Harrison, Ruth 1,457.00 973.62 554.60 2,000.00 2,000.00 1,029.66 2,000.00 Denied 2,380.25 1,328.52 2,000.00 Denied 2,000.00 25,000.00 Denied

2,000.00

Denied Denied Denied 25,000.00 Denied 2,683.68 Denied 331.45 286.70 1,443.32 6,229.51 507.95 2,000.00 1,357.00 2,000.00 2,000.00 277.80 352.57 2,028.74 Denied 3,378.49 1,338.05 1,425.19 25,000.00 Denied

346

87-CV-0118 Butler, 'Deosie 87-CV-0124 Lavorini, John 87-CV-0125 Moore, David and Moore, Otis 87-CV-0131 Jones, Estelle 87-CV-0135 Roberts, Inge M. 87-CV-0138 Thompson, Herman 87-CV-0139 Aldrich, Jeffry A. 87-CV-0141 Fritz, Rosann 87-CV-0143 Huertas, Carlos 87-CV-0145 Pablo, Dorothy D. 87-CV-0148 Carter, Carolyn 87-CV-0149 Jones, Mary 87-CV-0151 Murry, James 87-CV-0153 Brown, Dinae S. 87-CV-0156 Gatlin, Elaine 87-CV-0158 Knox, Carolyn 87-CV-0160 Spencer, George R. 87-CV-0162 Fell, Bernard T. 87-CV-0164 Rodriguez, Jose A., Jr. 87-CV-0166 Wright, Jacquenette Shaw and Shaw, Virginia 87-CV-0171 Richards, Wilma 87-CV-0173 McNicholas, Michael E. 87-CV-0175 Bakr, Mohammed 87-CV-0176 Barbee, Sheri Mae 87-CV-0177 Fleming, Kenneth J. 87-CV-0178 Henry, Diane 87-CV-0180 Herrera, Libada 87-CV-0181 Hoffman, Mark D. 87-CV-0185 Robinson, Randy Ray 87-CV-0186 Weaver, Rosemary and Boyd, Joe 87-CV-0187 Wells, Charlotte Taylor 87-CV-0188 Slaughter, Johnnie, Jr. 87-CV-0191 Hardison, Hillary 87-CV-0192 Marsh, Vera 87-CV-0193 Blackburn, Jane 87-CV-0194 Brown, Albert 87-CV-0197 Pokorski, Betty J. 87-CV-0198 Ticey, Roberta 87-CV-0199 Ferguson, Joshua R. and Heather L., by James H. McGrath, Administrator 1,894.00

1,144.10 Denied Denied 25,000.00 Denied Denied 960.03 553.35 644.52 2,000.00 2,000.00 Denied 600.00 Denied 2,000.00 Denied Denied 1,226.54

1,858.00 2,000.00 4,319.20 185.00 286.60 Denied Denied 1,344.40 3,102.94 Denied 1,512.00 2,000.00 Denied 2,056.55 304.90 Denied 4,126.78 458.18 2,000.00 Denied

347

87-CV-0200 Brown, Dorothea L. 87-CV-0205 Morris, Richard LaMont 87-CV-0206 Orr, Edward K. 87-CV-0209 Caruthers, John A. 87-CV-0216 Klein, George L. 87-CV-0218 Mosley, Timothy E. 87-CV-0219 Woodson, Dianne L. 87-CV-0221 Joyce, Kathleen 87-CV-0222 Kessinger, Kenneth 87-CV-0223 Kruczek, Sandra C. 87-CV-0225 Wright, Evelyn 87-CV-0226 Branson, Dorothy 87-CV-02% Hill, Denise 87-CV-0232 Ahart, Joan 87-CV-0233 Bell, Eunice 87-CV-02-34 Blount, Cleo 87-CV-0235 Boyd, Inez 87-CV-0236 Butler, Annie 87-CV-0244 Robin, Mary V. 87-CV-0246 Scott, Steve R. 87-CV-0262 Burrell, Harold B. 87-CV-0265 Edwards, Louise 87-CV-0268 Shelby, Hardel 87-CV-0276 Collins, Dorothy L. 87-CV-0279 Romo, Francisco 87-CV-0281 White, Lois 87-CV-0284 Plough, Donna Schroeder 87-CV-0285 Richard, Steve, Jr. 87-CV-0286 Raushan, Jamaal N. 87-CV-0289 Clark, Josie 87-CV-0290 Richter, Carol A. 87-CV-0292 Woods, Charles E. 87-CV-0294 Battle, Alberta 87-CV-0296 Helton, Michael H. 87-CV-0300 Jackson, Shelby 87-CV-0301 Mallory, Willie Mae 87-CV-0302 McDowell, Ruth 87-CV-0305 Pippen, Joan L. 87-CV-0308 Smallwood, Helen 87-CV-0311 Tavernaro, Michael Angelo 87-CV-0315 Dyson, Emma 3,910.74 Dismissed 718.26 718.57 1,035.05 486.87 Dismissed 2,000.00 595.12 743.00 1,250.00 Denied 2,000.00 Denied 25,000.00 2,000.00 800.00 2,000.00 75.75 Denied 7,218.50 Denied

50.00

2,000.00 646.00 346.78 Denied 468.49 2,000.00 2,000.00 Dismissed 2,410.56 2,000.00 94.00 Denied 2,000.00 2,000.00 2,000.00 2,000.00 5,891.85 2,000.00

'

348

87-CV-0316 87-CV-0318 87-CV-0319 87-CV-0320 87-CV-0323 87-CV-0325 87-CV-0332 87-CV-0333 87-CV-0335 87-CV-0339 87-CV-0340 87-CV-0341 87-CV-0342 87-CV-0343 87-CV-0346 87-CV-0351 87-CV-0352 87-CV-0355

87-CV-0359

87-CV-0365 87-CV-0369 87-CV-0371 87-CV-0373 87-CV-0374 87-CV-0376 87-CV-0379 87-CV-0387 87-CV-0389 87-CV-0395 87-CV-0399 87-CV-0400 87-CV-0411 87-CV-0412 87-CV-0414 87-CV-0416 87-CV-0417 87-CV-0420 87-CV-0422 87-CV-0424 87-CV-0427 87-CV-0430

Dzurney, Andrew Dunbar, Limmie Gonzales, Marie Kosiec, Edward L. Russell, Louis T., Sr. Wilcox, Marvin Gates, Trynail Gates, Trynail Inchingolo, Michael Anderson, Dorothy Pimentel, Eva Gentil, Carlotta Lange, Ethel Leezy, Gloria Van Tine, Richard A., Jr. McPherson, Shirley Barbara Pachulski, Andrezej Blanton, Eula Mae Parrish, Eddie Mae Jordan, Thomas C. Tansey, Lawrence J.

6,854.48 2,000.00 Denied 1,019.86 1,700.00 Dismissed Denied Denied 512.70 2,000.00 Denied 15,000.00

340.20

250.95 Denied 146.14 Dismissed 2,115.00

3,336.00

Wright, Perry W. Bailey, Walter Cobb, James Counts, Albert L. Ingerson, Paul J., Jr. Davis, Mary Ann Dressel, Craig Nelson, Marvin B. Trout, Russell Lee Wroblewski, Catherine F. Thompson, Annie Hamilton Thompson, Goldie Bell, Rufus Cailles, Erlinda Carter, Ronnie G. Goods, Margaret Johanssan, Gilbert Kim, Ho Hyun Salley, Fannie Boer, Ilse

2,189.79 15,000.00 819.55 2,000.00 2,000.00 2,000.00 2,000.00 105.00 810.00 690.18 1,432.27 561.63 2,000.00 2,000.00 Denied 340.90 25,000.00 Denied 482.10 2,000.00 Denied 238.63

349

87-cv-0438 87-CV-0439 87-cv-0441 87-cv-0443 87-CV-0444 87-cv-0447 87-CV-0448 87-CV-0450 87-CV-0454 87-CV-0456 87-CV-0458 87-CV-0459 87-CV-0460 87-CV-0462 87-CV-0465 87-cv-0471 87-CV-0472 87-cv-0475 87-CV-0476 87-CV-0482 87-cv-0484 87-CV-0486 87-cv-0488 87-cv-0491 87-cv-0492 87-cv-0497 87-cv-0498 87-cv-0499 87-CV-0505 87-CV-0509 87-CV-0517 87-cv-0527 87-CV-0531 87-cv-0533 87-cv-0535 87-CV-0536 87-cv-0537 87-CV-0539 87-CV-0550 87-cv-0553 87-cv-0554 Ede, Linda Lee Lewis, Christeen Taylor, Elizabeth Hill, Jacqueline D. Levan, Michael J. Bundren, James Cambero, David H. Czech, Peter B. Duzinkiewicz, Stanley Gentry, Terry W. Johnson, Barbara J. and Lee, Lizzie Johnson, Larry Leo Johnson, Leonard Lucena, Rosa Pettiford, Jacqueline s. Covert, Carol Davila, Mirtelicia Baker, Iola Daugherty, John L. Lovette, Kenneth Pope, Steven B. Smith, Willie L. Collins, Lelia Kim, Hyi Ja Kim, Young Pae Jones, Robert Kaspar, John Wayne Kaspar, John Wayne Thompson, Alicia V. Johnson, Ruth Mae Frazier, Wynetta A. and Williams, Willie Taylor, Julie Engemann, Ethel M. Kempe, Karen A. Meeker, Bryce E. Miller, Derrick Prince, Shirley Ann Armour, Arnetta Emma, John Hood, Cordell Kaufelt, Arthur L. 275.00 2,000.00 Denied 3,345.50 8,725.13 711.95 2,000.00 710.56 179.00 2,000.00 Denied Denied 2,598.45 2,000.00 1,004.98

945.00

772.72 Denied 3,204.71 354.45 1,875.16 Denied 3,310.74

25,000.00 4,754.54 72c1.62 Denied Denied 1,066.50 2,000.00 2,000.00 8,885.66 3,656.00 732.82 319.09 8,951.42 205.98 2,000.00 805.00 Denied 4,777.19

350

87-CV-0555 87-CV-0562 87-CV-0565 87-CV-0566 87-CV-0567 87-CV-0571 87-CV-0573 87-CV-0575 87-CV-0576 87-CV-0577 87-CV-0581 87-CV-0582 87-CV-0584 87-CV-0585 87-CV-0586 87-CV-0590 87-CV-0596 87-CV-0597

87-CV-0604

87-CV-0607 87-CV-0608 87-CV-0612 87-CV-0619 87-CV-0627 87-CV-0628 87-CV-0630 87-CV-0631 87-CV-0633 87-CV-0636 87-CV-0638 87-CV-0641 87-CV-0649 87-CV-0650 87-CV-0651 87-CV-0652 87-CV-0653 87-CV-0654 87-CV-0655 87-CV-0656 87-CV-0657 87-CV-0662

Kronenberg, Leslie Weiner, Dianne Lemon, Vernon A. Perez, Gustavo Powell, David Mosley, Gloria Santone, Susan M. White, Mable Ward Barnes, Dorothy M. Caraway, Dorothy Reid, William E. Ryan, James Trice, Charles Williams, Clara Wotten, Grace Norwood, Kenneth Edwards, Algerine Evans, Claretha Rodriguez, Maribel Williams, Jeanne Cintron, Roberto Foster, Annette Abarca, Emma Dammann, Henry Eugene Delgado, Guillermo Felts, Wayne Godina, Rafael J. Kaspar, John W. O'Brien, Gloria Ramos, Joseph Timmes, E. Charles Warmack, Sandra Soto, Maria Barrios Bynum, Jossie Huff, Linda Hussain, Shahid Issani, Mubarak Ali Jefferson, Diana Johnson, Ronette Lee, Lizzie Wright, Barbara J.

270.00 5,426.92 3,420.13 Denied 963.05 2,000.00 374.76 1,996.00 2,000.00 Denied 861.08 2,000.00 1,330.00 1,985.00 2,000.00 908.64 Denied 2,000.00 Denied 2,000.00 2,000.00 Denied

25,000.00

5,206.44 Denied Denied 2,000.00 Denied 557.00 1,285.00 ~2,000.00 2,000.00 1,800.00 Denied 2,000.00 Denied 2,661.17 2,000.00 2,000.00 Dismissed 1,531.30

351

87-CV-0663 87-CV-0666 87-CV-0667 87-CV-0668 87-CV-0669 87-CV-0671 87-CV-0678 87-CV-0685 87-CV-0686 87-CV-0689 87-CV-0691 87-CV-0692 87-CV-0695 87-CV-0697 87-CV-0704 87-CV-0707 87-CV-0714 87-CV-0715 87-CV-0716 87-CV-0717 87-CV-0721 87-CV-0724 87-CV-0727 87-CV-0728 87-CV-0730 87-CV-0732 87-CV-0735 87-CV-0737 87-CV-0740 87-CV-0747 87-CV-0751 87-CV-0752 87-CV-0753 87-CV-0755 87-CV-0761 87-CV-0764 87-CV-0766 87-CV-0768 87-CV-0774 87-CV-0779 87-CV-0780 Castellano, Ronald Angelo Lofchie, Perry Robinson, Melvin Douglas Dallas, Danny Brawner, Lillian Oruwariye, Alfred Alimanestiano, Christine Crenshaw, Cora Penkava, Maureen V. Turpeau, Wilbert Williams, Teressie Cook, Arthur Leonardi, Robyn Blackshear, Vernon Slack, Herbert Ezell, Randall D. Shines, Lorraine Shutkas, Angelo N. Stefanski, Alex L. Tucker, Betty Jean Estrada, Carlos Herndon, Marvin Nance, Allen A. Noland, Regina Watroba, Tadeusz Williams, Vivian Jordan, Smiggie Barrett, Kevin S. Colon, Elizabeth Atkinson, Mary E. (Hall) Maxwell, Margaret Ritchey, James Thomas Swanson, Anna May Cruz, Julian Riley, Carl Eugene Guerrero, Nicolas Jones, Sheila Martinez, Felicia Williams, Mable L. Pendergraft, Antonio Pickett, Ellen T. 2,028.75 Denied Denied Dismissed 2,000.00 2,340.58 354.95 Denied 2,000.00 Denied 1,906.00 2,000.00 263.60 Denied

2,000.00

3,475.87 Denied 2,000.00 530* 00 Denied

25,000.00

1,284.00 Denied 25,000.00 Denied 171.00 1,657.00 Denied 2,000.00 Denied 2,000.00 Denied 634.93 2,000.00 2,005.85 2,000.00 2,000.00 2,371.90 Denied 2,848.31 2,000.00

352

87-CV-0781 Serbantez, Ruth M. 87-CV-0782 Vasquez, Margaret 87-CV-0785 Clark, Erika K. 87-CV-0786 Davenport, Evelyn R. 87-CV-0790 Kollereb, Pamela 87-CV-0791 Willis, Teola 87-CV-0792 Aleman, Frank 87-CV-0794 Anderson, Reginald 87-CV-0798 Davidson, Julie 87-CV-0803 Williams, Rosetta 87-CV-0805 Bachar, Tom 87-CV-0809 Killion, Virginia M. 87-CV-0812 Parker, Marvie Woods 87-CV-0819 Johnson, Laura S. 87-CV-0823 Anderson, Rosie L. 87-CV-0834 Kipper, Frances 0. 87-CV-0835 Marche, Marc J. 87-CV-0838 Nguyen, Hung 87-CV-0841 Tharpe, Ola Mae 87-CV-0842 Walker, Eddie J. 87-CV-0845 Burton, Martha 87-CV-0846 Ferguson, Rhonda 87-CV-0851 Ortiz, Alejandro 87-CV-0854 Wallace, Ernestine 87-CV-0859 Czech, Jerry 87-CV-0860 Ferguson, Catherine 87-CV-0863 Ociepka, Alexander 87-CV-0867 Albarran, Isaac 87-CV-0871 Neeley, Rose 87-CV-0872 Reid, Lucille 87-CV-0876 Talbot, Robert S. 87-CV-0877 Topolinski, Mark S. 87-CV-0879 Ward, Dorothy 87-CV-0881 Cypin, David 87-CV-0884 Morales, Consuelo 87-CV-0896 Jones, Marvin L. 87-CV-0900 Bivens, Marion Evonne 87-CV-0904 Law, Carrie 87-CV-0905 McFadden, Eva D. 87-CV-0908 Macias, Juan 87-CV-0916 Churchill, Betty 301.25 6,142.50

25,000.00 25,000.00 25,000.00

2,000.00 428.25 5,000.00

2,000.00 Denied 176.50 2,000.00 Denied 2,000.00 Denied 2,000.00 1,424.75 Denied 1,856.37 2,000.00 2,000.00 2,000.00 18,962.10 2,000.00 Denied 2,000.00 104.00 10,499.50 2,000.00 1,767.18 4,573.60 553.30 2,000.00 2,000.00 2,000.00 Denied 812.38 1,788.12 2,000.00 Dismissed 1,765.00

353

87-CV-0921 87-CV-0923 87-CV-0935 87-CV-0936 87-CV-0939 87-CV-0940 87-CV-0943 87-CV-0949 87-CV-0950 87-CV-0953 87-CV-0960 87-CV-0963 87-CV-0965 87-CV-0966 87-CV-0979 87-CV-0981 87-CV-0982 87-CV-0985 87-CV-0999 87-CV-1013 87-CV-1016 87-CV-1021 87-CV-1026 87-CV-1033 87-CV-1047 87-CV-1051 87-CV-1065 87-CV-1073 87-CV-1085 87-CV-1087 87-CV-1095 87-CV-1125 87-CV-1128 87-CV-1170 87-CV-1190 87-CV-1264 87-CV-1267 87-(3-1269 Fancher, Molly Kathleen Gadrim, John A. Tokar, Kathleen M. Tokar, Laurence J. Bracy, Ethel Cross, Curtis & Annie Galiotto, Mary Pipkin, Carol E. Rodgers, Ellen Stewart, Velma Evans, Havord Leato, Sharon Middlebrook, Carolyn L. Nuon, Tonh Mendez, Victor Regalado, Michael Williams, Clinton Hunter, Audrey Aliprandi, Sharon A. Burd, David A. Davis, Barbara A. Nuemann, Rafael A. Alarcon, Jose Litherland, Thomas E. Steadman, Lottie Sims, Mancola Brooks, Edward Tidwell, Claudette Archdale, Robert D'Acquisto, Gina Flecha, William Nichols, Annie M. Browder, Kathy Brown, Carolyn L. Buganski, Daniel Demoss. Helen Buchanan, Bryan Eugene Johnson, Booker T. 1,766.64 Denied

230.00 125.00 1,726.00 2,000.00 2,000.00 4,442.96 18,561.42 2,000.00 1,900.00 3,478.31 2,000.00 152.30 2,000.00

2,000.00 Denied 2,000.00 794.70 Denied

25,000.00 6,033.57 249.00 2,000.00 2,000.00 1,300.00 Denied 1,922.00 1,162.27 743.45 2,000.00 2,000.00 Denied 1,700.00 593.50 Denied 272.10 2,000.00

INDEX

APPROPRIATIONS-See LAPSED APPROPRIATIONS BACK SALARY CLAIMS-See STATE EMPLOYEES' BACK SALARY CLAIMS BAILMENTS-See also PRISONERS AND INMATES Bailment may arise by operation of law ................ 47 Loss of property-presumption of negligence. .......... 47 CONTRACTS Claim by medical-service provider dismissed-noncompliance with Court of Claims Rule 5 ................. 91 Claim for medical services provided public aid recip.150 ient-cause of action not stated .................... Claim for medical services to public aid recipientClaimant not enrolled vendor-claim dismissed . . . . . .150 Claim for services provided welfare recipients allowed . . 28 Claim for services rendered to public aid recipient dismissed-noncompliance with billing regulations. ..... .lo0 Claim for services rendered welfare recipients-State had no authority to terminate Claimant as vendor-fraud 16 not proved-claim allowed ......................... Construction contract-delay damage claim-stipula.148 tion-award granted .............................. Contract services to State agency-stipulation-not lapsed appropriation-award granted. ...............200 Contract to design information system-State applied liquidated damages clause-stipulation-award granted . .127 Delays caused by State-indirect costs allowed ......... 36 Department of Public Aid may regulate "vendor payments" .......................................... .151 Department of Public Aid regulations may limit vendor's .lo0 right to payment ................................. Fraud-burden of proof ............................. 27 Highway construction contract-delays caused partially by State errors-award granted ..................... 36 Medical services for public aid recipient-invoicing requirements not satisfied-claim dismissed ............151

354

355

Medical services to public aid recipient-recipient not eligible on dates of service-claim dismissed. . . . . .. . . .150 No right to additional compensation unless delays solely caused by State . . . . . . . . . . . . , . . . . . . . . . . . . .. . . . . . . . 36 Penalty provisions-not applicable against State of Illinois ............................................... 1 Treatment of horse-breach of contract claim dismissed-brief not timely filed. .. . . . . . . . . . . . . . . . . . . ..lo8 What necessary to sustain affirmative defense of fraud.. . 16

.

CRIME VICTIMS COMPENSATION ACT Deductions considered in awarding compensation. . . . . . .323 "Earnings" defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .315 Murder victim-father granted maximum award for funeral expenses. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . ..324 Only out-of-pocket losses compensable . . . . . . . . . .. . . . . .315 "Pecuniary loss" defined . . . . . . . . . . . . . .. . . . . . . . . . . . .319 Provocation by victim negates right to compensation . . . .322 Replacement services not compensable at time of inci-dent . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . , . . . , . . . .315 Robbery-Claimant shot-no loss-claim denied .. . . . . .319 Robbery-psychiatric treatment-no evidence of relationship to crime-claim denied . . . . . . . . . .. . . . . . .312 Victim instigated fight leading to stabbing and deathclaim denied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .322 Violent crime-Claimant's husband killed-no evidence of lost support-maximum award for funeral expenses granted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .316 What necessary to establish eligibility for compensation. .312 When compensation may be granted for funeral and medical expenses . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .323

.

.

.

. . . .. .. .

.

.

.

.

.

.

.

.

..

DAMAGES-See also CONTRACTS Claimant has burden of proof on damages . . . . . . . . . . . . .315 Test of certainty of damages.. . . . . . . . . . . . . . . . . . . . . . . 64

.

.

HIGHWAYS-See also CONTRACTS; NEGLIGENCE Automobile accident-gravel pile on abandoned highway-claim allowed . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . 51 Collision with deer-no deer crossing sign-State immune-complaint dismissed . . . . . . . . . . . . . . . . . . . . . .. . 5

356

Highway built closer to Claimants' residence-award granted.. ......................................... Posting of deer signs discretionary. .................... State's duty to post warning signs.. .................... When posting of signs after accident is admissible .......

88 5 51 51

HOSPITALS AND INSTITUTIONS-See also PRISONERS AND INMATES Resident of developmental facility drowned-stipulation-award granted-nonprecedential ............. .126 INTEREST Automobile accident-inadequate warning signs-interest on award denied ...............................

51

JURISDICTION Jurisdiction of Court of Claims is set by statute ......... 63 Scope of jurisdiction of Court of Claims ............... 58 LANDLORD AND TENANT Hold-over-claim for double rent denied

..............

1

LAPSED APPROPRIATIONS-See also CONTRACTS

Interest not recoverable ............................. .155 Standard procedures on lapsed appropriation claim .... .200 Tuition claims-insufficient funds lapsed-claims denied. .159 Tuition claims-lapsed funds insufficient-refund to agency used to pay some claims.. .................. .161 LIMITATIONS Iowa claimants-attempt to collect judgment of Iowa court-action untimely-claim dismissed ............ .197 MECHANICS' LIENS Claim by subcontractor denied-failure to strictly comply with Mechanics' Liens Act. .................. 41 Mechanics' Liens Act is to be strictly construed ......... 41 NEGLIGENCE- See also BAILMENTS; HIGHWAYS; PRISONERS AND INMATES Alleged negligent treatment of horse-Claimant failed to meet burden of proof-finding directed for State .... .lo8

Alleged negligent treatment of horse-res ipsa loquitur .lo8 not applicable. ................................... Collision with State police car at intersection-officer negligent-awards granted ......................... 21 Defective manhole cover-child injured leg-award granted. .......................................... 97 .177 Duties of drivers on highways.. ...................... Duty of landowner to invitee ........................ .139 Essence of doctrine of respondeat superior ............ .177 Essential elements of negligence action ................ 88 Failure to establish proximate cause precludes liability .. .177 Injury to inmate-factors considered in determining foreseeability ........................................ .113 Invitee assumes normal and obvious risks ............. .192 Medical malpractice-stipulation-cause dismissed. ..... 33 Motorcycle accident-negligent highway constructionrelease-claim dismissed .......................... .lo4 Rear-end collision-snowplow not cause-claim denied. .177 Res ipsa loquitur applies to State ..................... .180 Sexual molestation by negligently placed ward-respondeat superior-award granted.. ..................... 12 Slip-and-fall-ice-breach of duty by State not provedclaim denied ..................................... .182 Slip-and-fall-State fulfilled its duty-claim denied .... .139 State hospital's duty to patients.. ..................... .lo8 State is immune from liability in performing discretionary duties ............................................ 5 State is not insurer of safety of invitees.. ...............182 State may be held liable under respondeat superior. ..... 12 State's duty to maintain manhole covers.. .............. 97 What necessary to establish prima facie case of negligence ........................................... .lo7 When release is presumed valid ...................... .lo4 OFFICERS AND PUBLIC EMPLOYEES-See STATE EMPLOYEES' BACK SALARY CLAIMS PARKS-See STATE PARKS AND RECREATION AREAS PERSONAL INJURY-See HIGHWAYS; NEGLIGENCE PERSONAL PROPERTY-See BAILMENTS

358

PRACTICE AND PROCEDURE-See also

JURISDICTION Claimant must exhaust administrative remedies . . . . . . . . . 63 Damages must be pleaded in detail.. .. .. .... . .. . . . . . . . 91 Department reports-prima facie evidence . . . . . . . . . . . . .150 Factors considered i computing notice periods. . . . . . . . .131 n Factors considered i determining whether verdict will n be directed . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .lo7 Fraud bars claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .167 Motion to dismiss denied-notice of claim timely filed. . .131

. .

PRISONERS AND INMATES Action by inmate based on diet provided by Department of Corrections-no jurisdiction-claim denied . . . . . . . . 58 Escaped inmates-Claimant's car damaged-negligence not proved-claim denied . . . . . . . . . . . . . . . . . . . . . . . . . 49 Inmate burned-hot water spill-improper medical care not proved-claim denied . . . . . . . . . . . . . . . . . . . . . . .185 Inmate burned by hot water-bucket not proved unsafe-claim denied . . . . . . . . . . . . . . . . . . . ..... . , . . . . . .185 Inmate's arm caught in gate-award granted . . . . . . . . . . . 78 Inmate's finger crushed by manhole cover-State negligent-award granted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .175 Inmate's property-State's duty . . . . . . . . . . . . . . . . . . . . . . . 47 Inmate's radio lost-bailment not established-claim denied.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Inmate stabbed by other inmate-State negligent-award granted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113 Loss of personal property-bailment theory-bailment not proved-claim dismissed . . . . . . . . . . . . . . . . . . . . . . ,171 Lost property-failure to exhaust administrative remedies not proved-motion to dismiss denied . . . . . . . . . . . . . .171 Money stolen from Claimant by inmate-award granted .203 Slip-and-fall-inmate's own lack of care was proximate cause-claim dismissed . . . . . . . . . . . . . . . . . . . . . . . . . . . .146 Slip-and-fall-prison gallery-fraud in testimony-claim dismissed . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .167 State is not insurer of safety of inmates.. . . . . . . . . . . . . . . .113 State's duty to supervise work of inmates.. . . . . . . . . . . . . .185 Swivel chair broke-inmate injured in fall-res ipsa Zoquitur-award granted . . . . . . . . . . . . . . . . . . . . . . . . . . . . .180

.

.

..

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359

RECREATION AREAS-See STATE PARKS AND RECREATION AREAS STATE EMPLOYEES' BACK SALARY CLAIMS Discrimination claim-stipulation-lapsed appropriation-award granted .............................. .143 Loss of insurance benefits recoverable ................. 64 Wrongful discharge-stipulation-award granted on uncontested portion of amount claimed ................ 64 Wrongful discharge-transfer of duties-reinstatement ordered .......................................... 63 STATE PARKS AND RECREATION AREAS Hiker fell on wood stairs-negligence of State not proved-claim denied ............................ State's duty to maintain parks ........................ STATUTE OF LIMITATIONS-See LIMITATIONS STIPULATIONS-See also CONTRACTS; PRACTICE AND PROCEDURE Automobile accident-dismissed with prejudice ........131 Car hit rut in highway-driver injured-award granted .. 99 Contract for purchase of beef products-stipulated settlement-lapsed appropriations-award granted ....... .133 Court order for payment of attorney fees in action against Pollution Control Board-stipulation award .205 granted. ......................................... Prison inmate drove tractor into Claimant's car-stipulation-award granted .............................. .196 Prisoner-personal injuries-stipulation-award granted . 32 Road defect-Claimant thrown about truck cab-back 61 injury-award granted ............................. Termination of employment contract-stipulationaward granted ................................... .165 STREETS-See HIGHWAYS WAGES-See STATE EMPLOYEES' BACK SALARY CLAIMS

.192 .192

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collection defense feb 2010
CHAPTER 5: CAUSES OF ACTION