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COURT of CLAIMS of THE REPORTS OF Cases Argued and Determined IN THE COURT of CLAIMS OF THE STATE OF ILLINOIS VOLUME 40 Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1988 - July 1, 1987-June 30, 1988 SPRINGFIELD, ILLINOIS 1989 (Printed by authority of the State of Illinois) (73047-300-8/89) e. PREFACE The opinions of the Court of Claims reported herein are published by authority of the provisions of Section 18 of the Court of Claims Act, Ill. Rev. Stat. 1987, ch. 37, par. 439.1 et I seq. The Court of Claims has exclusive jurisdiction to hear and determine the following matters: (a) all claims against the State of Illinois founded upon any law of the State, or upon any regulation thereunder by an executive or administrative officer or agency, other than claims arising under the Workers’ Compensation Act or the Workers’ Occupational Diseases Act, or claims for certain expenses in civil litigation, (b) all claims against the State founded upon any contract entered into with the State, (c) all claims against the State for time unjustly served in prisons of this State where the persons imprisoned shall receive a pardon from the Governor stating that such pardon is issued on the grounds of innocence of the crime for which they were imprisoned, (d) all claims against the State in cases sounding in tort, (e) all claims for recoupment made by the State against any Claimant, (f) certain claims to compel replacement of a lost or destroyed State warrant, (g) certain claims based on torts by escaped inmates of State institutions, (h) certain representation and indemnification cases, (i) all claims pursuant to the Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics and Firemen Compensation Act, (j) all claims pursuant to the Illinois National Guardsman’s Compensation Act, and (k) all claims pursuant to the Crime Victims Compensation Act. A large number of claims contained in this volume have not been reported in full due to quantity and general similarity of content. These claims have been listed according to the type of claim or disposition. The categories they fall within include: claims in which orders of awards or orders of dismissal were entered without opinions, claims based on lapsed appropriations, certain State employees’ back salary claims, prisoners and inmates-missing property claims, claims in which orders and opinions of denial were entered without opinions, refund cases, medical vendor claims, Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics and Firemen Compensation Act claims and certain claims based on the Crime Victims Compensation Act. However, any claim which is of the nature of any of the above categories, but which also may have value as precedent, has been reported in full. 11 OFFICERS OF THE COURT 1 JAMES S. MONTANA, JR. Chicago, Illinois Chief Justice - March 5, 1985- Judge - November 1,1983-March 5,1985 LEO F. POCH, Judge Chicago, Illinois I June 22,1977- ! I ANDREW M. RAUCCI, Judge I- Chicago, Illinois I i February 28,1984- RANDY PATCHETT, Judge I Marion, Illinois I March 26,1985- KIRK W. DILLARD, Judge Chicago, Illinois February 23,1987- ROGER A. SOMMER, Judge Morton, Illinois February 26,1987- ANNE M. BURKE, Judge Chicago, Illinois March 6,1987- JIM EDGAR Secretary of State and Ex Officio Clerk of the Court January 5,1981- CHLOANNEGREATHOUSE Deputy Clerk and Director Springfield, Illinois January 1,1984- iii TABLE OF CONTENTS Fiscal Year 1988 Preface ......................................... ii ... Officers of the Court.. ........................... 111 Table of Cases .................................. vii Opinions Published in Full-General ............... 1 Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics and Firemen Compensation Act Cases: Opinions Not Published in Full.. .............. 263 Cases in Which Orders of Awards Were Entered Without Opinions ...................... 264 Cases in Which Orders of Dismissal Were Entered Without Opinions ...................... 266 Cases in Which Orders and Opinions of Denial Were Entered Without Opinions .......... 283 Contracts-Lapsed Appropriations ................ 284 Prisoners and Inmates-Missing Property Claims .... 327 State Employees’ Back Salary Cases ............... 328 1 Refund Cases ................................... 329 , Medical Vendor Claims .......................... 366 Crime Victims Compensation Act Cases: Opinions Published in Full. ..................... 387 Opinions Not Published in Full.. ................ 392 I Index .......................................... 409 V -.. 1 I i TABLE OF CASES Fiscal Year 1988 (July 1. 1987 to June 30. 1988) NOTE: Cases preceded by e are publishea in full . A A-1 Lock. Inc........................... 281. 317 A-1 Photo Service .......................... 297 AAMED Medical ........................... 278 Aaron. Charles J ............................ 402 Able Overhead Door Co ..................... 286 Absher. Harrison ........................... 354 Abusharif. Naseem ......................... 400 Academic Press. Inc ......................... 318 Accurate Reporting ......................... 323 Ace Hardware of Geneva ................... 311 Ace Radiator Service ....................... 291 Acetylene Gas Co............................ 321 Acevedo. Pollyanna ......................... 268 Ackerson. Velmon ........................... 300 Acme Orthnotic & Prosthetic Laboratories. Inc. 312 Acme Reporting Co.. Inc .................... 307 Action Office Supply ....... 279.281.304.319. 320 Adair. Ruth ................................ 340 Adamiec. Virginia F ......................... 401 Adams. Augustana M ........................ 337 Adams. Florence B ............................ 360 Adams. Joseph M ............................ 406 Adolphson. John A .......................... 358 Aetna Casualty & Surety Co. of Illinois ....... 264 Affarano. Laura ............................ 393 Agne. Harold G . K .......................... 357 Agranoff. Robert .......................... 1 311 Ahlm. Martin .............................. 364 Aidex Corp................................ 314 Air Institute & Service ....................... 307 vii viii Airkem Professional Products ................ 318 Akker. Helen .............................. 331 Akins. Calvin .............................. 354 Akright. Walter Verne ...................... 331 Al.Misry. 'Isa Abd .......................... 274 Alamo Group .............................. 273 Alaniz. Anthony ............................ 354 Alarm Supply Co........................... 323 Albers. William ............................ 348 Alerte. Frank .............................. 327 Aldrich. Jeffrey ............................ 269 Alexander. Albert W ........................ 348 Alexander. Eugene ......................... 279 Alexander. Leslie ........................... 335 Alexander. Nancy .......................... 398 Alexian Brothers Hospital ................373. 378 Alexian Brothers Medical Center ........ .369. 370 ......................... .371.374.378.380.382 Alguire. David C........................... 394 Ali. Kariem ................................ 267 Ali. Syed .................................. 403 Allbert. William B., ......................... 344 Allen. Alice ................................ 407 Allen. Armean ............................. 357 Allen. Bernice .............................. 392 Allen. Charles E ............................ 405 Allen. Chris E .............................. 402 Allen. Donna ............................... 268 Allen. Elsie F ............................... 340 Allen. Velma E ............................. 353 Allied Van Lines ........................... 298 Allmon. Paula Kay .......................... 396 Alltel Illinois ............................... 309 Alpha Christian Registry. Inc .............286. 302 Alston. Debra .............................. 399 Altheim. Casimir M ......................... 344 Alton Sheet Metal Corp ...................... 302 Alvarado. Jose ............................. 402 Ambassador Nursing Center. Inc............. 268 Ambulance Service Corp ............291.302. 304 Amend. George ............................ 343 ix American Bar Association ................... 285 American Congress Hotel ................... 288 ! American National Bank & Trust Co . I of Chicago .............................. 303 American Red Cross ........................ 275 American States Insurance Co................ 275 American White Goods Co.......... .318.319. 322 Anderschat. Albert W ....................... 353 Anderson. Elnora ........................... 330 Anderson. Arthur. & Co ..................... 195 Anderson. Barbara .......................... 126 Anderson. Bertha M ......................... 353 Anderson. Frances V ........................ 362 Anderson. James R .......................... 346 Anderson. Katherine ........................ 343 Anderson. Linda L .......................... 408 Anderson Lock Co .......................... 316 Anderson. Marie ........................... 340 Anderson. Mary G .......................... 360 Anderson. Mary M .......................... 342 Anderson. Mildred E ........................ 359 Anderson. Oliver C., Hospital ........376.377. 378 Anderson. Roscoe .......................... 402 Anderson. Ruth ............................. 339 Anderson. Vivian ........................... 398 Anderson Pest Control ...................... 323 Anesthesia & Analgesia Assoc ...............
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