Kraemer v. State

In Kraemer v. State (1990), 42 Ill. Ct. Cl. 236, 245, the Court outlined that a "claimant must prove by a preponderance of the evidence that the State breached its duty of reasonable care and the negligence flowing from the breach proximately caused the accident and claimant's injuries." In that case, a pedestrian fell into a hole that was described as three-feet long, two-feet wide and three- to four-inches deep. A witness testifies the hole had existed from one to four months prior to the fall. The Court stated that it is the duty of the State to exercise reasonable care in the maintenance and care of its highways in order that defective and dangerous conditions likely to injure persons lawfully on the highways shall not exist. The exercise of reasonable care requires the State to keep its highways reasonably safe.