Illinois Cases About State Negligence for Not Constructing a Guardrail
The Court has addressed the issue of whether the State was negligent for not constructing a guardrail at other locations.
In Nass v. State (1979), 32 Ill. Ct. Cl. 487, the Court found that Respondent was not negligent in failing to erect a guardrail at the site where a car left the highway.
In Nass, the testimony established that when the highway was built, a guardrail was not mandated at that location. (Nass at 495.)
The Court, in denying the claim, stated that there was no evidence the State violated design criteria in not erecting a guardrail.
In Vaughn v. State (1985), 38 Ill. Ct. Cl. 27, the Court entered an award where a dip in the highway caused a vehicle to leave the road and crash into a lake.
In Vaughn, Claimant called a State trooper as a witness and he testified that there had been other accidents at that location and he had talked to the highway department about putting up protection or a guardrail to keep people from running into the lake. Vaughn at 29 and 30.