Commercial Union Insurance Co. v. State

In Commercial Union Insurance Co. v. State (1995), 47 Ill. Ct. Cl. 301, the court stated that: "The test to establish constructive notice is 'where a condition by its evident nature, duration and potential for harm should necessarily have come to the attention of the State, so that the State should have made repairs.' citing Scroggins v. State (1991), 43 Ill. Ct. Cl. 225." The driver of a vehicle in Commercial Union struck a concrete slab, approximately 15 inches wide, eight to ten inches long and four to six inches deep, and destroyed the undercarriage of the vehicle. The court denied an award, finding that the condition did not establish constructive notice. Evidence was presented in the case, as was in Hanawell and Scroggins, that the State regularly patrolled the areas in question.