Pyle v. State

In Pyle v. State (1973), 29 Ill. Ct. Cl. 133, the Court dealt with a problem involving a stop sign that had been knocked down at an intersection. The Claimant brought suit on the theory that the State was negligent in failing to replace the downed stop sign within a reasonable time after having actual notice of the dangerous condition. In a lengthy opinion authorized by Justice Burks, the Court reviewed a number of cases from both Illinois and other jurisdictions on the question of whether the State failed to take appropriate remedial action within a reasonable length of time after having actual knowledge of the dangerous condition on its highway. The evidence in Pyle was not disputed. The dangerous condition was first discovered by an Illinois State trooper 29 hours before the Claimant's accident. The Court agreed that, at the time that the Illinois State trooper observed the dangerous condition, the State was chargeable with actual knowledge. The Court then identified the issue which the Court believes is the narrow issue, upon which the present case turns, as follows: "We turn next to the question as to what length of time constitutes a "failure" on the part of the State to take appropriate remedial measures after receiving notice of a downed stop sign." (Dangerous condition on the highway). Pyle, at 137. The Court ruled that the answer to the above question depended on the facts and circumstances in each particular case. The Court held that Respondent's failure to repair the condition or to erect warning signs over a period of 29 hours after actual notice could not be ruled to be negligence on the part of the Respondent, primarily because other signs were present.