Schuett v. State

In Schuett v. State (1984), 36 Ill. Ct. Cl. 61, the State had piled snow eight feet high onto the median of the road, thereby blocking the vision of motorists. The Court held that the State's own plowing operations created the dangerous condition, and made an award to the claimant because she went into the intersection inch by inch before she was struck. The Court entered an order of award for the Claimant. The Schuett Court noted that Respondent admitted plowing snow onto a median of a divided highway. Claimant was in a left-turn lane on Route 72 where she stopped for a red light at the intersection with Barlett Road. She believed the snow was piled up to eight feet high and blocked her entire view of oncoming traffic. When her light turned green, Claimant proceeded to slowly move her car into the intersection apparently stopping every few feet. The Schuett Court held that Claimant was not contributorily negligent in moving "inch by inch" through the intersection.