Witt v. State

In Witt v. State (1969), 26 Ill. Ct. Cl. 318, the employees of Respondent had started a fire which blanketed an adjoining highway with smoke impairing the vision of drivers of motor vehicles on the highway. Claimant had operated his vehicle into the rear of a truck which was unseen and stopped on the highway, thus causing the alleged damages. Respondent argued in Witt, supra, that when the Claimant could see the smoke enveloping the highway, and was aware of the condition and continued to operate his vehicle through the smoke, he had failed to proceed with caution or with the care of an ordinarily prudent person. The Court held in Witt, supra, that the Claimant had not acted with due care and caution by driving into dense smoke which was clearly visible from a distance and proceeding at 25 to 30 miles per hour without being able to see what was in front of him. The Court cited with approval from Ames v. Terminal Railroad Assn. (1947), 332 Ill. App. 187, 75 N.E.2d 42, where the Illinois Appellate Court held that persons approaching a place of danger have a duty to do so cautiously, and with a proper degree of care for their own safety. A person has no right to knowingly expose himself to danger and then recover damages for an injury which he might have avoided by the use of care for his own safety. The Court has repeatedly held that drivers utilizing highways of the State are charged with the duty of looking and seeing things which are obviously visible. Adams v. State (1981), 35 Ill. Ct. Cl. 216.