Immordino v. State

In Immordino v. State (1995), 47 Ill. Ct. Cl. 78, it was undisputed that an open pothole was in existence when Claimant struck it. The Court found that Respondent had constructive notice of the defect because the State had previously filled the hole with cold patch. In finding that the Respondent had constructive notice, the Court stated: There is unfortunately no evidence to indicate when, who or how this patching had been done, but there is evidence that these patch jobs were only temporary and their duration would be effected by weather, traffic conditions, snow plow operations, location and durability. Id. at 80.