Wagner v. Illinois

In Wagner v. Illinois (1978), 32 Ill. Ct. Cl. 50, the Court denied recovery where the decedent lost control of his motorcycle on account of loose gravel on an interstate highway ramp. The Court found no evidence of actual notice in the testimony. Knowing that the State may be charged with constructive notice where, through the exercise of due diligence, a condition should have been discovered, the Court found that there was no evidence on how long the gravel had been lying on the pavement, and thus, no constructive notice.