Louis v. State

In Louis v. State (1983), 35 Ill. Ct.Cl. 741, Claimant was involved in an intersection collision allegedly due to a snow pile, which obstructed the driver's view of oncoming traffic. Louis was involved in a collision at the southbound exit ramp from I-55 and Toronto Road in Springfield, Illinois. The collision happened at a time when that part of Illinois received approximately 11 inches of snow fall in six days. Snow had been piled in a corner at the off ramp as to completely obstruct Claimant's view of Toronto traffic. Evidence had shown that the piled snow reached a height of up to 10 feet. Claimant was unable to see oncoming Toronto traffic without pulling the front of his auto out into the oncoming lane about six to seven feet into the lane. As Claimant eased out into the lane, he was struck by an oncoming vehicle. The Louis court determined that the piling snow so as to obstruct Claimant's view did not constitute negligence on behalf of the State of Illinois. The court reasoned that for several days prior to the collision in question snow had been accumulating in this area so that by the time the accident occurred there was approximately 11 inches on the ground. This heavy snowfall necessitated a tremendous amount of work on the part of the State, which was obligated to remove the snow. A state engineer testified that the first priority of the State on occasions such as this is to remove the snow and secure the opening of the highway. The court reasoned that a dilemma is created by such a heavy snowfall. A choice must be made whether to try to clear the snow from the roads and pile it in a manner that it will not create any sight obstructions, or to remove the snow by piling it in temporary places until the storm ends and then the snow can be pushed into a safer storage area. The fact that the area received over 11 inches of snow in six days indicated that the State was so thoroughly engaged in keeping the highways open that it did not have time to remove the accumulation of snow piled on the shoulders of the highways.