Landon v. Jarvis

Landon v. Jarvis, 255 Ill.App.3d 439, 627 N.E.2d 371, 194 Ill. Dec. 255 (1st Dist., 1993), deals with a very narrow issue: "the sole issue presented for review is whether the circuit court was the proper jurisdictional forum for deciding plaintiff's claim that State employee defendant acted negligently during the course of his employment." The plaintiff filed a complaint against defendant who was employed by Illinois Department of Transportation as a highway maintainer and had allegedly stopped the vehicle in the moving lanes of traffic without activating his emergency lights, without placing flares or other warning devices in the roadway when weather conditions and character of the road made it unsafe, and without giving sufficient notice to motorists. The trial court ultimately dismissed the case for lack of jurisdiction, stating that the Court of Claims was the proper forum. The court noted that "there is no damage limitation in the Court of Claims for tort actions arising from the operation of a State motor vehicle by a State employee," citing the Court of Claims Act Section 8(d) (Ill.Rev.Stat.1991, ch. 37. par. 439.8(d)).