Callen v. State

In Callen v. State, 23 Ill.Ct.Cl. 172 (1959), the Court addressed a claim against the State that arose after the claimant fell into a hole on the shoulder of a state highway while leaving a tavern on the way to his parked car. The claimant filed a negligence claim in which he contended that the respondent owed a duty to pedestrians walking on the shoulder, or right of way, to maintain it for their protection. Id. at 174-175. In rejecting the claimant's contention and denying the claim, the Callen court wrote: "Even though claimant and other patrons of the tavern had a right to walk upon the shoulder or State right of way going to and from the tavern, this would not require or place a duty upon the State to so repair or maintain the shoulder for pedestrians." Callen, at 175-76.