Hanawell v. State

In Hanawell v. State (1995), 47 Ill. Ct. Cl. 270, 274; Jacobs v. State (1996), 49 Ill. Ct. Cl. 16, 21, the Claimant alleged that she hit a piece of concrete, eight to nine inches in length and about four inches wide and thick, in the roadway causing her to crash her motorcycle. The Court accepted the premise that the piece of concrete caused Claimant's accident, however, the Court determined that there was no actual or constructive notice to the State (Id. at 276). The Hanawell court examined other cases involving debris on the highway and noted that when the evidence does not indicate the length of time the debris was upon the roadway, the State could not be charged with constructive notice. See, Wagner v. State (1978), 32 Ill. Ct. Cl. 50; Baker v. State (1989), 42 Ill. Ct. Cl. 110.