Reasonable Conduct Creating An Allegedly Dangerous Condition
In Wilson v. State (1989), 41 Ill. Ct. Cl. 50, the Court analyzed the following factors in determining whether the conduct creating an allegedly dangerous condition was reasonable: the magnitude of the risk, the burden of requiring the State to guard against the risk, and the consequences of placing such a burden on the State Wilson at 55.
In Wilson, the claimant brought a wrongful death action against the State where decedent died in an automobile that suddenly left the pavement and struck a tree about 15 feet from the east edge of the paved portion of the roadway.
One of the counts in the complaint asserted that the State was negligent in not removing the tree from the area within 15 feet of the edge of the roadway because it constituted a hazard for vehicles which may leave the roadway.
Applying the factors discussed supra, the Court held that the State had no duty to remove the tree since the State was well within the applicable standards that only required a 10-foot clearance zone along that roadway.