Heimann v. State

In Heimann v. State (1977), 32 Ill. Ct. Cl. 111, Claimant brought suit against the State of Illinois for broken bones sustained by her in a fall on a pedestrian walkway of the Respondent. Claimant contended that Respondent permitted a tunnel-like depression to exist across the entire width of the walkway and failed to warn pedestrians of its existence, or to properly illuminate the area. Claimant contended that a depression "perhaps two inches deep, and maybe six inches wide, and then the width of the whole walk," caused her to fall and sustain serious injuries. The Court held that the State of Illinois is not an insurer of the safety of persons on and upon walkways owned and maintained by the Respondent, and that Claimant bore the burden of establishing, by a preponderance of the evidence, that Respondent breached a duty of care toward the Claimant, and that the breach proximately caused the Claimant's injuries. In the Heimann case, supra, Claimant's claim was denied by this Court based on a lack of evidence to show that Respondent had actual or constructive notice of the existence of the alleged defect. (32 Ill. Ct. Cl. 111, 113.) The Court noted that the Claimant in the Heimann case offered no evidence to prove the time that the defect in the walkway existed, and from the photographs in evidence, the Court determined that the defect was not of such an obvious character as to put the State on notice of its existence. 32 Ill. Ct. Cl. 111, 113.