In Hughes v. State, 49 Ill.Ct.Cl. 56 (1997), the claimant brought a negligence action against the State on the basis that Scalafani had been killed in an auto accident which the claimant alleged was caused by negligent design of the road and maintenance. Hughes v. State, 49 Ill.Ct.Cl. at 57-58. Claimant initially filed a suit against the municipality, City of Chicago (the "City") asserting identical theories of liability as asserted against the State in the Court of Claims. Hughes v. State, 49 Ill.Ct.Cl. at 58. The City filed a motion for summary judgment which was granted in part and denied in part. Id at 58. The Court granted the motion with respect to the allegation of negligent design, but denied the motion with respect to negligent maintenance. Id. The claimant filed a voluntary dismissal of the remaining action against the City and sought to proceed against the State of Illinois in the Court of Claims. Hughes v. State, 49 Ill.Ct.Cl. at 58. The Court dismissed the claimant's claim with prejudice because the claimant chose not to exhaust the remedies as against the other known tortfeasor, the City. Hughes v. State, 49 Ill.Ct.Cl. at 60. In choosing to abandon the claim against the City, the claimant had effectively sought to circumvent the exhaustion of remedies requirement, which was not allowed and required the dismissal of their case. Id at 60.