Baren v. State

In Baren v. State (1974), 30 Ill. Ct. Cl. 162, Claimant was a pedestrian who fractured her left foot as she stepped into a depression in a street maintained by Respondent. She never saw the hole into which she stepped until after she fell. Photographs of the hole indicated it was about three-feet long, two-feet wide and three to four-inches deep. A witness testified that the hole had existed for over one month to three to four months prior to the incident. Based on testimony that the hole was present for over one month, and possibly for as long as three to four months, the Court concluded that the hole had existed for a sufficient period to have put Respondent on notice of its existence and to enable it to either make repairs or to erect a warning to pedestrian and vehicle traffic. (30 Ill. Ct. Cl. at 166.) The State argued that it did not owe a duty to maintain the road where the accident occurred for pedestrian traffic because Claimant was not walking in a designated pedestrian crosswalk. However, the Court reasoned that Respondent owed a duty to maintain its roads in a reasonably safe condition, for the purposes to which the portion in question is devoted. Claimant's use of the portion of the pavement was entirely reasonable. The Court further found that she was not contributorily negligent although she had not seen the hole prior to her fall. (30 Ill. Ct. Cl. at 166.) The Respondent was found to have had constructive notice of the existence of the hole in the pavement and to have been negligent in failing to repair the defect.