COURT of CLAIMS of THE

Home , Balch (crater), Barton (crater), Brackett (crater), Buck (crater), Burnham (crater), Byron (crater)

REPORTS OF

Cases Argued and Determined

IN THE COURT of CLAIMS OF THE

STATE OF ILLINOIS

VOLUME 39 Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1987 - July 1, 1986-June 30, 1987

SPRINGFIELD, ILLINOIS 1988

(Printed by authority of the State of Illinois) (65655--300-7/88) 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 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 an regulation thereunder by an executive or administrative ofgcer 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 and Naval Militiaman’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

JAMES S. MONTANA, JR. Chicago, Illinois Chief Justice - March 5, 1985- Judge - November 1,1983-March 5,1985

S. J. HOLDERMAN, Judge Morris, Illinois March 10,1970-February 25,1987

LEO F. POCH, Judge Chicago, Illinois June 22,1977-

ANDREW M. RAUCCI,Judge Chicago, Illinois February 28,1984-

RANDY PATCHETT, Judge Marion, Illinois March 26,1985-

KIRK W. DILLARD, Judge Chicago, Illinois February 23,1987- I 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- ..* 111 TABLE OF CONTENTS Fiscal Year 1987 Preface...... ii Officers of the Court...... iii 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...... 207 Cases in Which Orders of Awards Were Entered Without Opinions ...... 208 Cases in Which Orders of Dismissal Were Entered Without Opinions ...... 210 Cases in Which Orders and Opinions of Denial Were Entered Without Opinions ...... 236 Contracts-Lapsed Appropriations ...... 243 Prisoners and Inmates-Missing Property Claims .... 289 State Employees’ Back Salary Cases ...... 291 Refund Cases ...... 292 Medical Vendor Claims ...... 297 Crime Victims Compensation Act Cases: Opinions Published in Full...... 312 Opinions Not Published in Full...... 327 Index ...... 354

V TABLE OF CASES Fiscal Year 1987 (July 1. 1986 to June 30. 1987)

NOTE: Cases preceded by 0 are published in full .

A A-1 Photo Service ...... 256 AAA Construction ...... 208 AAA Portable Toilets ...... 259 Abarca. Emma ...... 350 Abbinante. Caroline J ...... 213 Abbott. Donald J ...... 219 Abbott House. Inc...... 239 Abella. Martin. Jr ...... 208 Abraham. Marie ...... 336 Abrego. Elena ...... 340 Ace Radiator Service ...... 253 Ackermann. Bernice ...... 294 Acosta. Luis ...... 339 Action Office Supply ...... 230.259.262. 282 Acton. Stella ...... 294 Adams. Allan D ...... 340 Adams. Charles V ...... 345 Adams. Darlene ...... 273 Adams. Jacqueline ...... 337 Adams. Nelson ...... 224 Adams. Verril Couser ...... 291 Adkins. Mary E ...... 228 Ahart. Joan ...... 347 Ahasic. Gary L., D.M.D...... 276 Aid to Retarded Citizens. Inc ...... 269 Aiken. Helen E ...... 295 Airco Welding Supply ...... 219 Air Wisconsin ...... 259 Akbaar.El. Amin ...... 289 Akins. Beverly J ...... 219 vii viii Al.Misry. Isa Abd ...... 279 Alarcon. Jose ...... 353 Alarm Detection Systems ...... 255 Albarran. Isaac ...... 352 Alber s Au tom0 tive ...... 268 Albright. Wanda ...... 212 Aldrich. Jeffry A ...... 346 Aleman. Frank ...... 352 Alexander Management ...... 267 Alexander. S.M., & Co...... 288 Alimanestiano. Christine ...... 351 Aliprandi. Sharon A ...... 353 All American Decorating Services. Inc ...... 208 Allbritton. Leon Dean ...... 330 Allendale Association ...... 261 Allen. D . Arlene ...... 249 Allen Foods. Inc ...... 285 Allen. Nancy L ...... 291 Alliance Airlines ...... 251 Allison. Tina M ...... 222 All Pro Equipment ...... 287 Allstate Insurance ...... 222 Allsteel. Inc ...... 271 All Suburban Dental Center ...... 254 Alters. Paula ...... 229 Althoff. Agnes Ann ...... 226 Althoff. Edward C ...... 295 Altieri. Jack H ...... 227 Alton YWCA ...... 276 Alvarado. Peter ...... 232 Ambulance Service Corp ...... 259 Amedeo. Evelyn L ...... 213 American Academic Suppliers ...... 276 Americana Healthcare Center of Champaign . . 237 Americana Healthcare Center of Danville ..... 237 Americana Healthcare Center of Decatur ..... 237 Americana Healthcare Center of Galesburg .... 237 Americana Healthcare Center of Joliet ...... 237 Americana Healthcare Center of Kankakee .... 237 Americana Healthcare Center of Macomb ..... 237 Americana Healthcare Center of Moline ...... 237 ix Americana Healthcare Center of Normal ...... 237 Americana Healthcare Center of Peoria ...... 237 Americana Healthcare Center of Rochelle ..... 237 Americana Healthcare Center of Urbana ...... 237 Americana Health Care Corp ...... 237 American Bar Association ...... 272 American Computer Supply ...... 273 American Druggists’ Insurance Co., The ...... 213 American Family Insurance ...... 209. 230 American Foundation For The Blind ...... 200 American Industrial Supply ...... 258 American Mathematical Society ...... 260 American Red Cross ...... 262 American Scientific Products ...... 251 American White Goods Co ...... 269. 272 Amlings Flowerland ...... 270 Amoco Oil Co...... 246.253.255.274.284. 287 Anand. Pramod K., M.D...... 258 Anchor Office Supply Co ...... 211 Anderson. Adrian L ...... 340 Anderson. Darren B ...... 341 Anderson. Dorothy ...... 348 Anderson. Fannie M ...... 219 Anderson. Hazel ...... 342 Anderson. Jeanette ...... 230 Anderson. Joan ...... 337 Anderson. Kevin M ...... 220 Anderson. Lynn ...... 216. 218 Anderson. Mary Jane ...... 327 Anderson. Phillip ...... 332 Anderson. Reginald ...... 352 Anderson. Rosie L ...... 352 Andrews. Jesse ...... 215 Apke. Michael ...... 230 Applegate Inn. Inc ...... 236 Appleton. Michael ...... 227 Araiza. Juan C ...... 328 Arc/Ric ...... 311 Archdale. Robert ...... 353 Ariganello. Carol ...... 328 Arkin. Jerome ...... 210 X Armitage Hardware ...... 272 Armour. Arnetta ...... 349 Arnold. Louise ...... 331 Aroca. Maria Luz ...... 343 Arrow Equipment Co ...... 252 Arroyo. Ana Doris ...... 335 Arroyo. Victor ...... 327 Arteaga. Amador ...... 330 Arteaga. Manuela Almaraz ...... 330 Arthur. Velma ...... 215 A & R Welding Supply ...... 286 ASC Medicar Service. Inc ...... 260. 263 Ascot Pharmaceuticals ...... 263 Ash.Shaheed. Rashidah ...... 329 Ashton. Julie ...... 215 Associated Anesthesiologists of Springfield .... 256 Associated Radiologists of Joliet ...... 227. 267. 311 Associates in Adolescent Psychiatry ...... 297 Associates in Professional Psychology ...... 310 Association for Individual Development ...... 261 Atchison. Pamela ...... 218 Atkinson. Mary E . (Hall) ...... 351 Attaway. Kenneth M ...... 255 AT&T Consumer Sales & Service ...... 266 Atterberry. Geraldine L ...... 294 AT&T Information Systems ...... 224.246. 247 Augustana Hospital ..... 299.303.307.308.309. 310 Augustana Hospital & Health Care Center ..... 309 Austin Radiology ...... 227.253. 268 Austin Radiology Assoc ...... 269. 272 Austin. Reginald ...... 210 Avant-Garde Computing. Inc ...... 282 Avendorph. Fred ...... 211 Avitia. Arnold0 ...... 289 Ayers. Sandra ...... 217 Azar. Philip. Dr., Estate of...... 241

B Baber. Riaz A., M.D ...... 228.229. 310 Bachar. Tom ...... 352 I

xi Badgley. Brad L . & Magna Trust Co...... 232 Bahena. Estela Baca ...... 341 Bailey. Carolyn ...... 332 Bailey. Walter ...... 348 Baird. Donna ...... 268 Baker. Curtis B ...... 334 Baker. Iola ...... 349 Baker. Jacqueline K ...... 225 Baker. JohnHenry. Jr ...... 329 Baker. Patricia ...... 241. 332 Bakr. Mohammed ...... 346 Balch. James W ...... 341 Bales. Carey L ...... 335 Bales. Pamela ...... 210 Ballard. Leo L ...... 295 Ballentine. Alonzo. Jr ...... 331 Bank. Helaine ...... 228 Banks. Cherease Duncan ...... 345 Banks. Murdie ...... 344 Baranda. Jorge ...... 331 Barbee. Sheri Mae ...... 346 Bardhi. Zenel ...... 340 Barilla. Rosina W ...... 261 Barjakterevic. Zagorka ...... 335 Barker. Linda ...... 221 Bark. Judith A ...... 233 Barksdale. Robert ...... 342 Barnes. Dorothy M ...... 350 Barnes Hospital ...... 284 Barnes. Lenora F ...... 296 Barnes. Romelvin ...... 336 Barnett. Geney R ...... 336 Barr. Alma 0...... 279 Barrett. Kevin S ...... 351 Barrientos. Justo R ...... 342 Barrington Orthopedic Spec...... 261 Barry. Mary Anne ...... 261 Barry. T.G. Electric ...... 266 Bartelt. Dorothy ...... 213 Barth. Daryl. C.P.O...... 287 Bartlett. Diana ...... 343 xii Barton. Robert 0...... 291 Bartos. Penny Sue ...... 226 Bass. Donna ...... 344 Bass. Richard M., M.D...... 282 Batavia Concrete. Inc ...... 280 Bates. Lonnie ...... 228 B & A Travel Service ...... 263 Battle. Alberta ...... 347 Baugh. Diane ...... 218 Bayston. Esther ...... 218 Beaman. Stephen D ...... 252 Beatty Televisual ...... 260 Beavers. Leon ...... 336 Beck's. Inc ...... 258 Becker. Ronald L ...... 212 Beckley-Cardy Co ...... 259.264. 267. 274 Beckman. Donald ...... 210 Beckman. Edward J ...... 332 Beedle. Norma J ...... 231 Beeks. Cordia H ...... 235 Behrens. Sheila ...... 219 . Beldon Manor ...... 237 Belich. Paul P., Jr ...... : ...... 251 Bell. Alvin ...... 340 Bellas. Alice ...... 345 Bellas. Rex ...... 345 Bell. Deborah Ann ...... 331 Bell. Edward ...... 339 Bell. Eunice ...... 347 Bellinger. Poppy ...... 216 Bell. Lucille ...... 341 Bell. Regina ...... 218 Bell. Rufus ...... 348 Belsan. Diane ...... 328 Belvidere Manor Nursing Home ...... 238 Bend Orthopedic & Fracture Clinic. P.C...... 235 Benjamin. Curtis ...... 341 Bennett. Charlestine ...... 273 Bennett. Robert R ...... 271 Benoit. Donna S ...... 216 Benson. Moses ...... 212 Bente. Laurie M ...... 344 xiii Benton & Assoc ...... 233 Berg. Patricia G ...... 257 Berg. Roger ...... 209 Berge. William C ...... 209 Bergen Construction Co...... 277 Bergquist. Peter ...... 273 Berman Moving & Storage ...... 230 Bernahl. Cindy Ann ...... 336 Bernard. John W...... 214 Bernklau. Diana ...... 287 Berry Bearing Co...... 286 Bertocchi Plumbing. Inc ...... 273 Berumen. Abelino ...... 342 Berwyn Cicero Council on Aging ...... 245 Best. Bernard T ...... 208 Bethany Home ...... 280. 310 Bethesda Hospital ...... 299.301.302.304. 305 Bethesda Lutheran Home ...... 256 Bethphage Community Services...... 265 Betty. Evelyn ...... 294 Beverly Farm Foundation ...... 258 Bey. Josie ...... 344 Bickham. Jessie ...... 223 Bierman. John ...... 220 Billups. Ronnie ...... 327 Binstein. Harold ...... 230 Binstein. Janice ...... 230 Biondi. Richard J ...... 231 Birchwood Nursing Home. Birchwood. Inc.... 240 Bismarck Hotel ...... 228.248. 252 Bivens. Marion Evonne ...... 352 Blackburn. Jane ...... 346 Black. Richard ...... 230 Blackshear. Vernon ...... 351 Blackstone Hotel ...... 262 Blackwell. Norma ...... 341 Blair. Beverly Jan ...... 334 Blake. Kent T ...... 219 Blankenship. E., & Co...... 285 'I Blanton. Eula Mae ...... 348 Blare House. Inc ...... 246 xiv Bloomington Hospital ...... 310 Bloomington Manor Nursing Home ...... 239 Bloom. Joseph C ...... 208 Blount. Cleo ...... 347 Blue. Cynthia Taylor ...... 229 Blue Island Radiology Consultants. S.C...... 277 Blu Fountain Manor Nursing Home ...... 236 Bobek. Mary Ann ...... 215 Boblick. William E., Jr., M.D ...... 248 Boblick. William E., M.D...... 245 Boehringer Ingelheim ...... 232 Boer. Ilse ...... 348 Bogan. Zernial M ...... 340 Bojarski. Lawrence J ...... 343 Boll Painting & Decorating ...... 263 Bok. Lee ...... 238 Bond County Health Department ...... 251. 278 Bonifas. Paula M...... 293 Booker. Ruth 0...... 296 Boone. Betty J ...... 327 Bosie. Kenneth W ...... 213 Bounds. William B ...... 247 Bourbonnais Avenue Corp ...... 237 Bowerman. Jo Ann ...... 226 Bowman Distribution ...... 253 Bown. Clemma E ...... 293 Boyd. Calvin ...... 216 Boyd. Elaine. Creche ...... 214 Boyd. Inez ...... 347 Boyd. Joe ...... 346 Bozis. Constantinos ...... 333 Bracy. Ethel ...... 353 Bradley Supply ...... 256 Bradley. Tina ...... 225 Bradshaw. William B ...... 333 Brahler Tire Mart ...... 283 Brake. Donald R., Jr ...... : ...... 262 Braley. Thelma Eileen ...... 219 Brandon. Matthew. Jr ...... 331 Brankey. Genevieve M ...... 293 r- xv Bran. Otto ...... 339 Branson. Dorothy ...... 347 Brawner. Lillian ...... 351 Brazier. Cleverine ...... 329 Brello. Linda ...... 334 Brent. Carmen ...... 343 Brent. John P ...... 337 Brethren Home of Girard. Illinois. Inc ..... 237. 240 Brewer. Joe ...... 241 Breyer. Richard ...... 339 Briarcliff Manor Nursing Home ...... 239 Brice. Keith ...... 327. 329 Bridge. Margaret M ...... 341 Bridgeport Nursing Home ...... 240 Bridgeview Convalescent Center ...... 239 Brighton Building Maintenance Co...... 208 Brison. Claudia ...... 255 Britton. Kelly Ann ...... 208 Broadway Management Corp...... 237 Broeking. L . E ...... 264 Brogan. George E ...... 231 Brokaw Hospital ...... 223 BroMenn Healthcare ...... 223 Brooks. Brian ...... 330 Brooks. Edward ...... 353 Brooks. Maynolia., ...... 328 Brougher. Nancy ...... 228 Browder. Kathy ...... 353 Brown. Albert ...... 346 Brown. Carolyn L ...... 353 Brown. Christine M ...... 331 Brown. Curtis A ...... 330 Brown. David L...... 233 Brown. Dinae S ...... 346 Brown. Dorothea L ...... 347 Brown. Douglas W ...... 209 Brown. Edward F ...... 344 Brown. Emma M ...... 343 Brown. Herbert ...... 338 Brown. Jimi ...... 222 Brown. Johnny Mack ...... 345 xvi Brown. John Wesley ...... 209 Brown. Louise ...... 339 Brown. Michael Edwin ...... 332 Brown. Nathaniel ...... 344 Brown. Patricia M ...... 332 Brown. Robert D., Sr ...... 209 Brown. Vanessa ...... 331 Brownie. Doris Norma ...... 335 Browning. Karen Susan. M.S.W...... 278 Bruce. Brenda K ...... 338 Brue. Deborah ...... 291 Bruetman. Martin E., M.D...... 264 Brunkella. Carol ...... 207 Brunkhorst. Mary ...... 220 Brunnworth. Marilyn B ...... 225 Brunworth. Don P ...... 227 Bryant. Azalee ...... 342 Buchanan. Bryan Eugene ...... 353 Buchanan. Michael ...... 214 Buchanan. Susanna F., M.D...... 310 Buckeye Gas Products ...... 285 Buckner. Sandra M ...... 336 Budget Rent a Car ...... 263 Budney. Leonard ...... 345 Buehler. Jennifer S ...... 218 Buehler. Rance V ...... 218 Buehring. Donald ...... 225 Bufkin. Carolyn ...... 344 Bufkin. Oliver ...... 344 Buganski. Daniel ...... 353 Builders Plumbing Supply Co...... 280 Bullock. Albert ...... 289 Bundren. James ...... 349 Bundren. James E ...... 220 0 Bundy. Dean ...... 87 Bundy. Karen ...... 87 Bunge’s Tire Center ...... 253 Bunton. Clarice M ...... 217 Buojac. Frank ...... 330 Burchell. Jerry L ...... 344 Burchette. Antonio ...... 329 Burch. Florence ...... 341 xvii Burd. David A ...... 353 Bureau of Business Practice ...... 287 Burgin. Herbert C., Jr ...... 336 Burke. Helen L ...... 221 Burkett. Preston ...... 293 Burkhardt. Fern ...... 216 Burks. Dennis ...... 289 Burnette. Lucille ...... 327 Burnham Terrace Associates ...... 241 Burns Properties ...... 287 Burnstine. Richard C., M.D...... 255 Burrell. Harold B ...... 347 Burrell. Lee M ...... 292 Burt. John M ...... 291 Burton. Martha ...... 352 Bush. DeLois Clark ...... 343 Buss. Timothy D ...... 285 Butler. Annie ...... 347 Butler. Beth R ...... 208 Butler. Deosie ...... 346 Bynum. Jossie ...... 350 Byrd. John A ...... 331 Byrne. Robert ...... 220

C Cabay. Ben B., Construction Co ...... 249 Cadillac Glass Co...... 273 Cailles. Erlinda ...... 348 Calabreese. Joseph J ...... 342 Calcara. Virginia ...... 225 Caldera. Manuel Rodriguez ...... 330 Caldwell. Kevin L., D.D.S...... 263 Callaghan & Co...... 257 Callahan. Nancy J ...... 222 Callese. Josephine ...... 338 Calloway. Eva ...... 345 Calumet Township Youth Services ...... 251 Calvin. Dorothy ...... 343 Cambero. David H ...... 349 Cambron. Ruth ...... 219 xviii

Camelot Manor ...... 241 Campbell. Bev ...... 216 Campbell. Beverly ...... 216 Campos. Carmen ...... 338 e Canlas. Arsenio L., M.D...... 150 Cannata. Susan ...... 214 Cannon. Roger ...... 332 Cannonball. Inc ...... 280 Capelle. Kathy ...... 212 Capital City Paper ...... 254 Capitol Group ...... 254 Capitol Ready-Mix ...... 225 Carasso. Ben. M.D...... 270 Caraway. Dorothy ...... 350 Carbonaro Construction Co ...... 217 Cardamone. Michael ...... 211 Cardinal Glass Co ...... 278 Cardona. Frederico ...... 337 Career Track. Inc...... 284 Care Management. Inc ...... 238. 239 Carey’s Furniture Co., Inc ...... 284 Carger. James. Ph.D...... 252 Carle Clinic Assn ...... 241.242. 281 Carley. James A., D.D.S...... 252 Carlson. Janet R ...... 222 Carlson Roofing Co ...... 244 Carlton House. Inc ...... 239. 240 Carmean. Olga M ...... 225 Carpentier. Jeffery ...... 220 Carpetville ...... 266 Carr. Gary ...... 294 Carr. Rollie ...... 329 Carr. Velma V ...... 294 Carraway. Victor Lamont ...... 273 Carreira. Rafael. M.D...... 282 Carrell. Anthony ...... 335 Carrillo. Eduardo ...... 289 Carroccia. Ubaldo ...... 294 Carroll Seating Co ...... 255.271.273.286. 287 Carse. Victoria J ...... 208 Carter Bros . Lumber Co...... 288 xix Carter. Carolyn ...... 346 Carter. Henry Lee ...... 272 Carter. John ...... 221 Carter. Kevin B ...... 256 Carter. Lavergne J ...... 293 Carter. Ronnie G ...... 348 Caruthers. John A ...... 347 Caryle Healthcare Center. Inc ...... 236 Casa Central ...... 249 Casey. Daniel ...... 335 Caso. David ...... 235 Cassidy. Virginia ...... 223 Castellano. Ronald Angelo ...... 351 Castronovo. Angelina ...... 345 Catholic Charities of Chicago ...... 263. 268 Catholic Social Service of Peoria ...... 284 Catholic Social Services ...... 245 e Catlett. Deborah Woodhouse ...... 99 Causey. Connie M ...... 343 Cavaletto. Kathleen M ...... 225 Cavaliere. Frank ...... 329 Cavett Pharmacy ...... 281 C.D.S. Office Systems ...... 286 Cenco Care Corp...... 237 Central Audio-visual ...... 253 Central Baptist Children’s Home ...... 267 Central Corridor Communications ...... 275 Central East Alcoholism and Drug Council .... 241 Centralia Care Center Nursing Home ...... 238 Central Illinois Medicare ...... 228 Central Illinois Public Service Co...... 286 Central Office Equipment ...... 258 Central States Prevost ...... 230 Central Telephone Co...... 259 Cesario. Gregory J ...... 344 Chaddock ...... 279 Chaffee. Adlenen ...... 345 Chakrobortty. Maitrayee. M.D...... 286 Chalem. Shirley F ...... 211 Chambers. Bobbie ...... 332 Champaign Americana. Inc ...... 237

I I I I xx Champaign Children’s Home ...... 259 Champaign Convalescent Center Nursing Home ...... 236 Champ. Farla J ...... 227 Chanen’s. Inc ...... 270.273.274. 275 Chaney. Albert ...... 343 Channel. Esther ...... 259 Charlson. Lawrence ...... 246 Char Management ...... 255 Chatman. Raymond ...... 328 Chavez. Mary Ann ...... 232 Chehreh.Tab. Teymour ...... 329 Chemical Waste Management ...... 263 Chenore. Wesley J ...... 294 Chew. Anthony ...... 208 Chew. Bertha ...... 231

‘\ Chicago Airlines ...... 286 Chicago College of Osteopathic Medicine ..... 228 Chicago Medical Equipment ...... 254 Chicago Osteopathic Hospital ...... 305. 306 Chicago Osteopathic Medical Center ..... 300.302...... 304.305.307. 308 Chicago Suburban Express ...... 254 Chicago Tribune ...... 250 Chicago University Hospital ...... 228. 265 Chicago University Medical Center ...... 245. 246 Chicago. University of. Hospital ..... 224.230. 250 Chicago. University of. Medical Center ...... 218 Childers. Arthur ...... 295 Children’s Habilitation Center ...... 264. 269 Children’s Home & Aid Society of Illinois ..... 277 Children’s Memorial Hospital ...... 217.219...... 301.303.304.305. 306 Childress. Tony ...... 219 Child Sexual Abuse Treatment & Training Center of Illinois ...... 276 Chileda Institute. Inc ...... 247 Chinoy. G . K ...... 256 Chiodo. Catherine ...... 213 Chipman. Denise ...... 215 Chiu. Chiu Ning ...... 336 xxi

I . Choe. Yung Won ...... 336 I Choi. Young-Sik ...... 339 i I Chorzempa. James D.D.S. 251 I J., ...... Christian. Anna D ...... 295 Christian. Edward ...... 211 Christian Homes. Inc ...... 236 Christian Nursing Home ...... 2.36 Christie Clinic ...... 224.242.260. 261 Churchill. Betty ...... 352 Churchman. Carol M.'...... 226

I Ciardiello. John ...... 294 Cintron. Milagros ...... 227 Cintron. Roberto ...... 350 Citizens For A Better Environment ...... 205 City Care Center Nursing Home ...... 238 City Lighting Products Co ...... 273. . 279 City of Wilmington ...... 286 City Water. Light & Power ...... 245 Clanon. T . L ...... 282 Clark. Charles E ...... 335 Clark. Constance M ...... 336 Clark. Erika ...... 207 Clark. Erika K ...... 352 Clark. Genevieve T ...... 224 I Clark. Jacqueline ...... 214 Clark. Jake ...... i ...... 214 Clark. JohnR ...... 231 Clark. Josie ...... 347 Clark. Leslie ...... 214 Clark Products Co ...... 256 Clark. Ralph C ...... 331 Clark. Robert ...... 224 Clausen Hardware ...... 273 Claybourn. Jean Ann ...... 223 Clay. Sally ...... 331 I Clearbrook Center ...... 233. 261 Clearing Disposal ...... 256 Clinch. Mary E ...... 211 Clinic in Altgeld. Inc ...... 285 Clinton County Coroner. David A . Moss ...... 267 Clinton Manor Nursing Home ...... 238 xxii Cloney. John E ...... 251 CLSI. Inc ...... 288 Coady. Ruby ...... 222 Coal Belt Fire Equipment ...... 259 Coates. Charles. Jr ...... 221 Cobb. James ...... 348 Cobb. Joseph D ...... 211 Cobbs. Regina ...... 332 Coburn. Loleta ...... 335 Codex Corp...... 244 Coffeen. Marian ...... 296 Cohen. Marcia ...... 284 Coker. Adlean ...... 345 Cole Chevrolet. Inc ...... 209 Cole. Hazel ...... 336 Cole. John ...... 329 Cole. Lolita ...... 338 Coleman. Carolyn ...... 292 Coleman. Charlene ...... 227 Coleman Clinic ...... 285 Coletta. Robert J ...... 231 Collado. Mary Ann ...... 327 Colley Elevator Co ...... 275 Collins. Carolyn Kay ...... 337 Collins. Cynthia ...... 216 Collins. Cynthia K ...... 216 Collins. Dorothy L ...... 347 Collins. Lelia ...... 349 Collins. Maureen J ...... 223 Collins. Simmie ...... 341 Colon. Elizabeth ...... 351 Colonial Coffee Service ...... 257 Colonial Manor. Inc ...... 237 Colorado. State of; Dept . of Law/ Central Collections ...... 262 Columbia Books. Inc ...... 274 Columbus. Cuneo. Carbrini Medical Center ... 310 Colvin. David ...... 292 Combs. Jack ...... 292 Commercial Mana ement. Inc ...... 288 Commonwealth E %ison Co ...... 217. 250 xxiii ' Community Care Systems. Inc ...... 231.278. 283 Community College Dist . 511. Board of Trustees. Rock Valley College ...... 282 Community College Dist . 508 ...... 241. 246. 258...... 266.269. 282 Community College Dist . 508. Board of Trustees ...... 266.272.275.276.285.287. 288 Community Consolidated School Dist . 110 .... 287 Community Home Environment for Learning Project ...... 270 Community Memorial General Hospital ...... 303 Community Service Center of Northern Champaign Co ...... 257 Community Support Services. Inc ...... 250 Community Workshop & Training Center ..... 283 Complete Home Service-Home Care. Inc ...... 246 Comtech. Inc ...... 263 Concurrent Computer Corp ...... 271 Conlin. Delorris ...... 211 Conlon. Harriet ...... 335 Connolly. Stephen J ...... 282 Conrin. James ...... 211 Conrin. James P., Ph.D...... 261 Conroy. John T ...... 226 Consolidated Rail Corp ...... 233 Constable Equipment Co ...... 229.255.257. 259 Constance. Barbara Lou ...... 219 Consultants in Neurology. Ltd ...... 276 Contacessi. Vincent ...... 335 Contel Business Systems. Inc ...... 280 Contel Executone ...... 280 Contel of Illinois ...... 229. 258 Continental Group. Inc ...... 267 Continental Manor Nursing Home ...... 238. 240 Continental Telephone Co...... 255 Contreras. Alfonso ...... 333 Conway. Charlene ...... 331 Cook. Arthur ...... 351 Cook. Cecile E ...... 294 Cook. County of ...... 219 Cook. Margaret Ann ...... 294 xxiv Cooks. Ernestine ...... 218 Cooney. Dorothy F., M.D...... 211 Cooper Drug Co ...... 286 Cooper. Edward ...... 208 Cooper. Rodney ...... 328 Copier Duplicator Specialists ...... 252. 253. 256 Corbett. J . M., Co ...... 208 Coreas. Rodolfo ...... 319 Corona. Maria ...... 337 Corona. Miguel ...... 335 Correa. Shirley ...... 212 Corrections. Dept . of; Correctional Industries ...... 260 Corrections. Dept . of; Illinois Correctional Industries ...... 273. 277 Cortez. Rafael ...... 334 Cory. Henry T ...... 345 Costas. Oscar ...... 330 Cote. Bruce A ...... 340 Cothren. Beverly L ...... 227 Cotillion Ridge Nursing Center ...... 240 Cottengaim. Jeff ...... 291 Cotton. Clara ...... 343 Cotton. Diane ...... 251. 267 Cotton. Gordon W ...... 337 0 Cotton. Sam ...... 167 Coughlin. .Pamela ...... 218 Coughlin. Pamela J ...... 217 Council on .Aging. Berwyn Cicero ...... 260 Countryman. Margaret L ...... 211 Country Mutual Insurance Co ...... 208 Countryside Graphics ...... 253 Country View Health Care Center ...... 238 Counts. Albert L ...... 348 Coupland. Robert ...... 228 Covenant Children’s Home ...... 256 Covenant Children’s Home & Family Services . 280 Coventry Terrace ...... 241 Coventry Terrace Nursing Center ...... 241 Covert. Carol ...... 349 xxv Cowley. Don N ...... 333 Cox. Gloria Ann ...... 334 Cox. Marlene ...... 208 Coyne. Margaret R ...... 293 CPC Old Orchard Hospital ...... - ...... 258 Craft 81 Loesch ...... 276 Cragin Dept . Store ..... : ...... : .... 269 Craig. Kathy J ...... '...... 340 Craig. Milan J ...... 265 Cramer. Kathleen A ...... 216 Crater. James M ...... 231 Crawford County Convalescent Center. Inc ... 240 Crawford Memorial Home Health Agency .... 279 Crawford Memorial Hospital ...... 305. 306 Craw f ord . Mildred ...... 210 Crawford. Murphy ...... 230 Crawford. Tilly ...... 230 Creative Travel Center ...... 283 Crenshaw. Cora ...... 351 Crest View Nursing Home ...... 236 Crevoisier. Aaron R ...... 220 Crisp. William M ...... 219 Criswell. Chris T ...... 281 Croce. Elena ...... 337 Crockett's Coin-op ...... 224 Croft Motor Co...... 259 Crompton. Annamae B ...... 222 Crosby. Elsie ...... 214 Cross. Annie ...... 353 Cross. Curtis ...... 353 Cross. Franklin H., Sr ...... 332 Cross. Leslie ...... 332 Crossroads Ford Truck Sales. Inc ...... 249. 285 Cross. Robert E ...... 249 Crown Manor Wencordic Enterprises Inc, ..... 240 Crumly. Terry L ...... 222 Crumpler Cartage Co.' ...... 281 Crusse. Rheu ...... 293 Cruz. Julian ...... 351 Cuellar. Albert0 ...... 338 Culligan Water Conditioning ...... 256 Cullins. Evelyn R ...... 328 xxvi Cummings. Beatrice E ...... 335 Cummings. Macie L ...... 212 Cummings. Mark R ...... 210 Cunningham. Charles S...... 240 Cunningham. Judith L ...... 240 Curlovic. William ...... 209 Curriculum Publications Clearinghouse ...... 253 Currie. Jeff ...... 208 Curtin Matheson Scientific ...... 274 Curtis. Cheryl ...... 232 Curtis Industries ...... 244 Curtiss. Taylora ...... 220 Cushing. Frank ...... 254 Cypin. David ...... 352 Czech. Jerry ...... 352 Czech. Peter B ...... 349

D D’Acquisto. Gina ...... 353 Dabek. Chester ...... 260 Dachs. Simcha ...... 265 Dallao. Clem ...... 293 Dallas. Danny ...... 351 Damera. Bhaskar Rao ...... 252 Dammann. Henry Eugene ...... 350 Daniel. John ...... 228 Daniel. Ruth ...... 341 Daniels. Floret ...... 341 Danmar Products. Inc ...... 271 Danner. Anna ...... 295 Dantzler. Geraldine 0...... 337 Danville Area Community College ...... 254 Danville Care. Inc . Nursing Home ...... 239 Danville Electric Supply; Div . of Springfield Electric Supply Co...... 267 Danville Manor ...... 238 Danville Pediatric Center ...... 257 Dare. James L . by Betty Webb. Guardian ..... 338 Dare. John ...... 338 xxvii Dargene. Mark J., Dr ...... 245 Darling. LaWanda ...... 337 Datagraphix ...... 245 Datronics Management ...... 268 Daugherty. John L ...... 349 Davenport. Evelyn R ...... 207. 352 D avidson. Julie ...... 352 Davila. Mirtelicia ...... 349 Davis. Barbara A ...... 353 Davis. Bettie L ...... 334 Davis. Bruce J ...... 220 Davis. Christine ...... 337 Davis. Dorothy J ...... 344 Davis. Elizabeth A ...... 226 Davis. Glenn Edward ...... 342 Davis. James ...... 185 Davis. Mary Ann ...... 348 Davis. Othie L...... 208 Davis Painting ...... 264 Davis. Thelma ...... 344 Davis Truck & Auto Parts ...... 262 Davis. Van J ...... 331 Davis. William C., Jr ...... 230. 231 Dawsons Handy Andy ...... 245 Days Inn ...... 263. 284 D & B Computing Services. Inc...... 275 Dearth. Lucille E ...... 225 Debes. Charles N ...... 212 Dec-Art Designs. Inc ...... 273 DeCarlo. Baldossare T ...... 328 DeCarlo. Vivian ...... 328 Decatur Manor ...... 238 DeFranco. Barbara ...... 328 Delgado. Guillermo ...... 350 DelGallo. Joanne ...... 345 Dellaney. Robert J., I1 ...... 294 Dellwood Tire & Auto Supply ...... 258 Delphi Associates. Inc ...... 127 Del Pilar. Angelina Fernandez ...... 335 DelPrincipe. Gary ...... 294 DeMenchaca. Anita Gomez ...... 334 xxviii DeMenchaca. Arminda Garcia ...... 334 DeMenchaca. Carmen ...... 334 Demetzensky. Alex ...... 335 Demmit. Pauline Bellfo ...... 342 Demoss. Helen ...... 353 Denaple. Mary L ...... 216 Denard. Gladys ...... 276 Denker. Donna J ...... 216 Dennis. Dinah D ...... 210 Dennis. Sherry J ...... 331 Denny. Diana R ...... 288 Denson Shops. Inc ...... 267 Dental Arts Laboratory. Inc ...... 277 Dental Group. Ltd ...... 254 DePaul University ...... 158 Desherlia. Claude M ...... 227 Design Furniture & Systems of Illinois ...... 275 Desk & Door Nameplate Co ...... 275 DeSoto Grade School Dist . #86 ...... 274 Dethrow. Robert T ...... 208 Deutsch. Lois B ...... 296 DeVargas. JoAnne Spatz ...... 344 De Vivo. Helen ...... 230 DeVry Institute of Technology ...... 259 Dexheimer. Ruth L ...... 286. 287 D & H Truck Parts ...... 259 Di-Namic Copy Corp ...... 264 Dias. Felix ...... 334 Dias. Luciano. M.D...... 273 Diaz. Ermida ...... 293 DiBenedetto. Catherine M ...... 261 Dickens. Loretha ...... 330 Dietrich. Alan ...... 233 Dietrick. Barbara M ...... 339 Dietz. R . E., Co...... 262 Digital Equipment Corp ...... 277 DiPietro. Timothy M ...... 291 Directions Metropolitan. Inc ...... 278 Dirksen House Healthcare ...... 236 Diviak. Kathleen ...... 228 Diviak. John ...... 228 Dixon. Essie B ...... 329 xxix Dixon. Mary Patricia ...... 328 Dixon. Sarah ...... 219 Dobbs. James E ...... 329 Dobos. Zoltan ...... 335 Doctors Clinic. Ltd ...... 301 Dodge City Toyota ...... 287 Dodge. Steven C ...... 293 Dodge. Wilbur W ...... 254 Doe. Jane ...... 12 Doe. John ...... 12 Dogan. Phil H., Sr ...... 335 Dolan. LaVelle ...... 217 Dolan. LaVelle M ...... 216 Dolder Electric Supply ...... 255 Doligala. Dennis T ...... 211 Dollinger. Kurt C ...... 340 Domagala. Dorothy ...... 216 Dominguez. Salvador ...... 343 Dominicks Finer Foods ...... 252 Domtar Industries. Inc ...... 275 Doolittle. Wesley E ...... 344 Doppelt. Alice ...... 343 Dore. Roger M ...... 233 Dorsey. Arthur ...... 220 Dossani. Zarina ...... 345 Dougherty. Beth J ...... 334 Dougherty. Thomas ...... 334 Douglas. Fred E ...... 344 Douglas. Kenneth ...... 226 Downers Grove Chamber of Commerce ...... 265 Doyle. Helen ...... 292 -DoylePlumbing & Heating ...... : ...... 257 Doyle. Richard W ...... 330 Drake University ...... 249 Dreher. Bert ...... 1 ...... 296 Drennan. Patricia ...... 220 Dressel. Craig ...... 348 D.S.I. Micro. Inc ...... 279 Dudley. Steven ...... 332 Dudley. Walter ...... 228 Duffee. Donna ...... 216 xxx

0 Duffy. John ...... 143 Duffy. Thomas P ...... 328 Dugar. Barbara J ...... 212 Dunbar. Limmie ...... 348 Duncans. Evelyn ...... 336 Duncan Supply Co ...... 268 Dunn. Alan N ...... 334 DuPage County Educational Service Region; Berardo De Simone. Supt...... 262 DuPage County Youth Home ...... 280 Durbin. David M ...... 341 Durbin. Kenneth ...... 209 Durn. Grozie ...... 327 Duzinkiewicz. Stanley ...... 349 Dvorak. Ann ...... 335 Dye. Beverly A ...... ; ...... 215 Dyson. Dwight ...... 344 Dyson. Emma ...... 347 Dzurney. Andrew ...... 348

E Eastern Illinois University ...... 270 Easter. Robin M ...... 226 Easter Seal Center. Inc...... 245 Easter Seal Society of SW Illinois ...... 287 Eastman. Gregory Alan ...... 345 East Moline Care Center Nursing Home ...... 238 East Moline Manor Nursing Home ...... 238 East View Manor Nursing Home. Inc . #2 ...... 236 Ebenreiter Woodworking Co ...... 224. 246 Eberstadt. Edward O., Jr ...... 339 Ebsco Subscriptions ...... 251. 267 Echols. Dorothy ...... 331 Eckel. Elmer B ...... 296 Econo-Car of Chicago ...... 245. 285 Economou. George E ...... 333 Eddings. James ...... 341 Ede. Linda Lee ...... 349 Edmond. Joseph Allen ...... 224 xxxi Edward. John. Construction Co...... 277 Edwards. Algerine ...... 350 Edwards. Bertha ...... 341 Edwards. Bonita ...... 226 Edwards. George ...... 331 Edwards. Gregory ...... 339 Edwards. James ...... 217 Edwards. Lillian ...... 210 Edwards. Louise ...... 347 Effingham Builders Supply ...... 270 Egizii Electric ...... 285. 288 Eguekwe. Sunny ...... 255 Egyptian Concrete Co ...... 280 Eichenauer Services. Inc ...... 281 Ekco. Inc ...... 222 Elgin Automatic Transmissions...... 267 Elgin Chrysler Plymouth ...... 248 Elgin Spring Co...... 253 Elgin Super Auto Parts ...... 257 Eliff. Michael P ...... 343 Elim Christian School ...... 282 Elliott Dist . Co...... 274 Elliott. Sandra ...... 221 Ellison. Albert ...... 341 ELLR Consultants ...... 272 Ells. Edna E ...... 333 Elmhurst Memorial Hospital ...... 230 Elmwood Manor. Inc...... 239 El Valor Corp ...... 261 Elwell. Scott ...... 291 Emma. John ...... 349 Emsco. Ltd ...... 262. 263 Energy Absorption Systems. Inc...... 276 Engelking. Julie ...... 213 Engemann. Ethel M ...... 349 Engle and Co...... 275 Engle. Shirley J ...... 344 Englewood Hospital ...... 223 Enlow. Penny ...... 226 Epstein. Mark B ...... 231 Ernest. William ...... 227 xxxii Escobedo. Maria G ...... 335 Eslick. Emma E ...... 294 Estrada. Carlos ...... 351 Estrello. Niceforo R ...... 331 Estrello. Rosalinda ...... 331 Eubank. Carwin ...... 281 Eureka College ...... 241 Evancho. Cathy (Bradshaw) ...... 333 Evangelical Hospitals. Corporation ...... 303 Evans. Claretha ...... 350 Evans. Havord ...... 353 Evans. Johnny S ...... 337 Evans. Julia M ...... 328 .Evanston Hospital ...... 302.303.304.307. 308 Evans. Yvonne ...... 213 Everhart. Linda ...... 336 Ewing. Caroline ...... 339 Excelsior Youth Centers. Inc ...... 279 Exceptional Care & Training Center ...... 258 Executive Centers of America. Inc...... 240 Exxon Office Systems ...... 245 Ezell. Randall D ...... i ...... 351

F Fabre. Francisco ...... 336 Fagan. Colin J ...... 224. 228 Fairchild. Lisa A ...... 233 Fair Havens Christian Home. Inc...... 236 Fairview House Nursing Home ...... 239 Fairview Manor. Inc., Nursing Home ...... 237 Faith Products Corp ...... 273 Faith. Vicki L ...... 213 Falconetti. Lisa M ...... 338 Famewo. Oladipo ...... 337 Family Care Services ...... 274 Family Care Services of Metro Chicago ...... 257 Fancher. Molly Kathleen ...... 353 Fantus Co...... 250 Farenga. Cynthia R ...... 231 xxxiii Farmer’s and Merchant’s State Bank ...... 224 Farmer, Rosalie ...... 269 Farrar. Anna M ...... 294 Farrick. Roberta ...... 291 Faxon Co., Inc...... 226 Fayette County Hospital ...... 311 Feaster. Otis S ...... 327 Fechheimer Brothers Co ...... 275. 277 Federal Express ...... 267 Federal Express Corp...... 288 Federal Express. Revenue Recovery Dept ..... 276 Federal Signal Corp ...... 230.258.259.260. 263 Feldman. Howard W ...... 261 Fell. Bernard T ...... 346 Felts. Wayne ...... 350 Ferguson. Catherine ...... 352 Ferguson. . Deborah ...... 213 Ferguson. Heather L ...... 346 Ferguson. Jeanette ...... 335 Ferguson. Joshua R ...... 346 Ferguson. Mary E ...... 342 Ferguson. Rhonda ...... 352 Fernandez. Elpidio ...... 327 Ferree. Dorothy M ...... ; ...... 219 Ferrell. Reggie Edward ...... 342 Ferris. Stanley ...... 211 Fett. Karyn J ...... 256 Fields. Claude L., Jr ...... 336 Field & Shorb Co ...... 267. 270 Fields. Rosie Lee ...... 338 Figolah. Raymond W ...... 219 Figueroa. Yvonne N ...... 218 Finkel. Donald C...... 275 Finnigan Corp...... 225 Firemen’s Insurance Co . of Newark. New Jersey ...... 213 First Nat’l Bank of Elgin & Maywood. etc..... 212 First National Bank of Blue Island ...... 208 Firth. Renata G ...... 209 Fischer. Lynn ...... 216 Fischer Wisnosky Architects ...... 263 xxxiv Fisher. Gertrude ...... 293 Fisher. Patrick ...... 340 Fisher. Roderick ...... 227 Fisher Scientific Co...... 253 Fisher. Timothy L ...... 226 Fitts. Betty J ...... 224 Flagg. Carl ...... 211 Flagg Construction Co...... 274. 279 Flaghouse. Inc...... 269 Flax. Cynthia D ...... 338 Flecha. William ...... 353 Fleischer. Martha A ...... 224 Fleming. C harlese tta ...... 330 Fleming. J . Robert. D.D.S...... 281 Fleming. Kenneth J ...... 346 Fletcher. Shirley ...... 341 Flores. Patricia ...... 341 Flowers. Arie ...... 344 Flowers. L . V ...... 344 Flowers. Mable ...... 270 Flynn. Sandra A ...... 252 Fogerty. Elizabeth ...... 224 Fondulac Nursing Manor ...... 240 Fontalvo. Alvaro ...... 222 Fontana. Joseph ...... 214 Ford. Arthur E ...... 296 Ford. Sharon Y ...... 334 Ford. Timothy P ...... 294 Forest Hospital ...... 260 Forestry Suppliers. Inc ...... 286 Forsberg. Tracy ...... 213 Foster. Annette ...... 350 Foster. Bernard ...... 333 Foster. Etta P ...... 293 Foster. Shirley F...... 344 Fountain Bluff Fish Farm ...... 277 Fountainhead Development Corp...... 236 Four Fountains. Inc...... 236 Four Seasons Nursing Center of Elgin ...... 239 Four Seasons Nursing Center of Hazel Crest ... 239 Four Seasons Nursing Center of Joliet ...... 239 xxxv Foust. Alma S ...... 327 Foust. Carol ...... 327 Fowler. James ...... 228 Fowler & Novick ...... 253 Fox. Josephine ...... 266 Fragoso. Francisco ...... 345 Franatz. Evonne ...... 218 Franciscan Medical Center ...... 242.250.251. 310 Franciscan Sisters Health Care Corp ...... 221 Franco. Jose ...... 332 Franco. Vicente ...... 342 Frank. Gary ...... 212 Franklin Hospital Skilled Nursing Care Unit ... 237 Franklin. Mary E ...... 211 0 Frank Nutty. Inc...... 36 Frank. Sheila Frances ...... 212 Frazier. Wynetta A ...... 349 Freeport Manor Nursing Home ...... 238 - Freese. Joann A ...... 225 Freitas. Richard N., Jr ...... 335 Friedman. Harry ...... 340 Friedman. Richard ...... 220 Friend and Associates Consultants ...... 272 Friendship Manor. Inc ...... 236 Friendship Villa. Inc ...... 236 Friendship Villa Nursing Center ...... 236 Frieson. Gladys ...... 292 Fritz. Rosann ...... 346 Frykman. Evert M ...... 296 Ft . Wayne Anesthesiologists ...... 232 Fulton County Case Coordination Unit ...... 233 Funk. Cleda 0...... 235 Funk. LaFayette ...... 235 Furlong. Barbara J ...... 222 G G’s R Plumbing & Heating. Inc...... 273 Gabel. Carry C ...... 284 Gables. Henrietta ...... : 255 Gadrim. John A ...... 353 Gaines. Steve ...... 217 xxxvi Galassi. Sandra ...... 230 Galena- Jo Daviess County History Museum ...... 279. 280 Galesburg Clinic ...... 251 Galesburg Convalescent Center Nursing Home 236 Galiotto. Mary ...... 353 Gallaudet College ...... 265 Gallo. Mario M., Dr ...... 274 Galloway. Geraldine ...... 293 Galloway. Troy A ...... 332 Gallup. Catherine Jean ...... 2% Gannaway. Martha ...... 217. 218 Gannon. Michael. D.D.S...... 279 Gant. Troy ...... 343 Garcia. Maria C ...... 278 Garcia. Martin ...... 334 Garey. Ivan M ...... 296 Garman. Glenn ...... 293 Garman. Zelma M.P...... 293 Garrett General Aviation Services Co...... 288 Garrett. Lois ...... 331 Garrett. Michael ...... 337 Garrett. Robert W ...... 336 Gasperi. John B., Tool Co., Inc...... 248 Gast International ...... 262 Gates. Trynail ...... 348 Gateway Motor Inn. Inc...... 270 Gathright. Bonnie ...... 337 Gatlin. Elaine ...... 345. 346 Gatlin. Eolando ...... 233 Gatlin. Kathleen ...... 51 Gatlin. Louise ...... 233 Gatlin. Randy ...... 51 Gatlin. Travis ...... 51 Gault. Sandra L ...... 208 Gavin. Keith ...... 146 Gayden. Albert ...... 211 Geiser. John. Dr ...... 277 Gelman. Andrew R ...... 232 0 Gem Rexall Drugs ...... 27 General Answering Service ...... 245 xxxvii General Casualty Co...... 176 General Electric Supply Co ...... 226.249. 280 General Gas & Oil Co...... 286 Gentil. Carlotta ...... 348 Gentry. Terry W ....1 ...... 349 Geodimeter. Inc...... 267 George. Janie ...... 338 Georges. Pete. Chevrolet. Inc...... 248 Georgetown Manors. Inc. Nursing Home ...... 240 Gerhold. Walter. M.D...... 232 Germany. Carla M ...... 332 Gerstenecker. Ne11 ...... 338 GFE. Inc...... 253. 255 Ghani. Sameer ...... 333 Gholston. Bruce ...... 233 Giampoli. Frank J ...... 231 Gibbons. Mary Elizabeth ...... 342 Gibbs. Charlene ...... 220 Gibson. George R., Chevrolet. Inc...... 249 Gibson. Joseph ...... 231. 339 Gibson. Ronald ...... 342 Giffin. Gary D ...... 292 Gilbert. Kathy A ...... 336 Gildeo. Lynne L ...... 337 Gillespie. Cadigan & Gillespie ...... 243 Gillespie. City of ...... 256 Gill. William T., Jr ...... 340 Gilroy. Andrea ...... 214 Gilroy. John W ...... 214 Giuffre Buick. Inc...... 274 Glazer. Morton S ...... 331 Glenkirk ...... 248. 281 Glenwood Medical Group ...... 229. 258 Gliottoni. John. Jr...... 272 Global Computer Supplies ...... ;262228. Global Equipment Co ...... 274 . Globe Glass & Mirror ...... 235. 283 Globe Office Supply Co ...... 285 Gluick. Hilma J ...... 295 Glusak. Mary L ...... 211 GM Audio Visual Service ...... 252 Gnade. Gerard R., Jr., M.D...... 255.259.264. 274 xxxviii Godina. Rafael J ...... 350 Godinez. Nick R ...... 329 Godinez. Ricardo A ...... 289 Goff. Roy ...... 343 Gold. Audrey ...... 293 Goldberg. Efraim ...... 265 Golden Circle Senior Citizens ...... 285 Golden. David ...... 332 Goldman Assoc ...... 230 Gong. Sing ...... 344 Gonzales. Frank F., Sr ...... 332 Gonzales. Marie ...... 348 Gonzalez. Adolfo ...... 333 Gonzalez. David ...... 229 Goodman. Carolyn ...... 334 Good Samaritan Nursing Home ...... 238 Good Shepherd Hospital ...... 305 Goods. Margaret ...... 348 Goodwin. Sylvester ...... 341 Goranson. Roger Richard ...... 329 Gordon. Brenda ...... 235 Gordon. Colette. M.D...... 276 Gordon. Ruby ...... 225 Gotter. Bernice ...... 293 Goudschaal. Stephen ...... 334 Goudy. Wm . C., Elementary School ...... 279 Grady. Roger ...... 241 Graham. Joseph S ...... 340 Graham. Ray. Assn ...... 228. 282 Graham. Robert Bruce ...... 252 Grah. Donald ...... 227 Grammer. Janelle M ...... 221 Granderson. William ...... 337 Grant. JoanneD...... 265 Graue Chevrolet ...... 255 Graybar Electric Co...... 279. 281 Gray. Charles ...... 293 Gray. Elizabeth M ...... 224 Gray. James C ...... 248 Gray Line of Chicago ...... 250 xxxix Gray. Walter. Jr ...... 340 Green. Bernice D ...... 331 Greenbriar Lodge Nursing Home ...... 240 Greene. Wanda W ...... 294 Greenlee. Rosie ...... 263 Greenwood Manor Nursing Home ...... 238 Grieser. Delbert ...... 296 Griffin. James M ...... 341 Griffith. John ...... 227 Griggs. David ...... 214 Grimsley . Warren ...... 210 Grogan. Edwin L., M.D...... 285 Gross Point Manor. Inc...... 237 Groves. S.J., & Sons. Co...... 217 Gruber. Frederick J ...... 344 Grudis. Bonnie ...... 223 Guerrero. Nicolas ...... 351 Guillen. Gilberto. Sr .. Gilberto. Jr .. Antonio R .. Estudillo. Bertha ...... 330 Guimond. Mamie ...... 294 Gulich. Roger J ...... 345 Gulo. Michael F ...... 231 Gulotta. John ...... 336 Guminski. Mitchell ...... 241 Gunn. Dorothy ...... 333 Gunning. Clifford G ...... 341 Gupta. Raj. M.D...... 279 Gupta. Ramesh C...... 262 Gustaf son. Anna ...... 223 Gutierrez. Nestor. M.D...... 262 Guy. Casandra Leanne ...... 213 Guy. Margie ...... 213 Guyton. Penny A ...... 220

H Haas. Jay D ...... 222 Haber. Irving ...... 241 Hagen. Neil B., D.D.S...... 262 Hagerud. Joyce ...... 334 xl I [aglund. Donald 0...... 335 I [ahn. Ruth E ...... 296 I [ails. Mable ...... 210 I [aine. William R ...... 212 I [ale. Gwenn ...... 221 I [aley. Pauline J ...... 220 I [all. Christopher ...... 220 I [alleman. Roland ...... 208 I [all. Joseph S ...... 328 .I[all. Kevin ...... 214 I [all. Mark E ...... 220 E :allmark House Nursing Home ...... 238 E .alloran. Zita M ...... 250 E .all. Rhona; Custodian Project Chance Petty Cash Fund ...... 288 I .alper. Mitchell R., M.D...... 260 E .alstead. Marie ...... 214 I ramilton Chevrolet-Oldsmobile ...... 263 E :amilton Protective Coatings. Inc ...... 278 € .amilton. .Viola Jane ...... 224 I :ammyJohn ...... 287 E :ampton Nursing Manor ...... 238 € .ampton. Virgil A ...... 238 I :ancock County Nursing Home ...... 238 E :ancock County Recorder ...... 269 E :andy Auto Sales & Rentals ...... 287 E .ange. Patricia ...... 278 E [anks. Stephanie ...... 331 E [anlon. Dwight ...... 340 E lanna. Edward Alan ...... 289 I .annah. Lester N ...... 336 E .annah. Mary ...... 224 E [annan Supply Co...... 268 E Lanner. Ronald Q ...... 328 E .annon. Darla J ...... 337 E [ansen. Margaret ...... 224 I [ansen. Mark E., M.D...... 224 I [anvy. Mary ...... 339 E [aralampopoulos. Anastasia ...... 281 E [arbin. Alice ...... i 208 E [arbin. Diane Marie ...... 338

xlii Hawthorne Lodge of Hillsboro. Inc . Nursing Home ...... 240 Hawthorne Lodge of Pana. Inc . Nursing Home ...... 240 Hawthorne Lodge of Sullivan. Inc . Nursing Home ...... 240 Hawthorne Lodge of Watseka. Inc . Nursing Home ...... 240 Haymon. Anna ...... 276 Haynes. George E., I11 ...... 290 Haynes. George. 111 ...... 170 Haynes. Wanda ...... 283 Hays. Junior E ...... 219 Haywood. Eddie B., Jr ...... 334 Hazelton Labs ...... 261 HB J Beckley-Cardy ...... 265 Heacox. Warner L ...... 327 Head. Jennie B ...... 340 Head. Samuel ...... 340 Heafey. Allan Remi ...... 330 Health Care Medical Foundation ...... 267 Healy. Michael T...... 279 Heard. Alice ...... 334 Heard. Elmira ...... 344 Heaslip. Dennis J ...... 246 Heidelberg Eastern. Inc ...... 278 Heinz Construction. Inc ...... 224 Heinz. Rose E ...... 344 Helfrich. H . M ...... 275 Helix Hydraulic Service ...... 284 Helm. Caroline Elizabeth ...... 343 Help At Home. Inc ...... 286 Helping Hand Rehabilitation Center ...... 249 Helton. Michael H ...... 347 Hemphill. Jessie Mae ...... 334 Henderson. Idella ...... 212 Henderson. Virgil E ...... 328 Hendrix. Cora ...... 339 Henricksen & Co ...... 269 Henrotin Hospital ...... 229 Henry. Diane ...... 346 xliii Henson Robinson Co...... 258 Heritage Manor Nursing Home ...... 236. 240 Hermon. Manorama. M.D...... 267 Hermosillo. Daniel J ...... 329 Hernandez. Dolores C ...... 337 Hernandez. Francisco ...... 333 Hernandez. Rudy. Jr ...... 333 Herndon. Marvin ...... 351 Herrera. Libada ...... 346 Herrin Realty. Inc ...... 238 Herrmann. Karin ...... 327 Herron. Maurice ...... 212 Hertzberg. Esther. by Patrick Murphy. Guardian ...... 330 Hewlett-Packard ...... 278 Heyman. Millard A ...... 293 Hibbler. Gloria ...... 341 Hickman. Julia ...... 220 Hickman. Luann ...... 264 Hicks. Craig ...... 294 Hicks. Daisy ...... 342 Hicks. J . Ellis ...... 265 Highland Manor Nursing Home ...... 238 Hildebrand. Rita C ...... 294 Hildebrant. Fredric Martin ...... 327 Hildreth. Laura ...... 341 Hill. Anita Kay ...... 225 Hill. Denise ...... 347 Hill. General A ...... 333 Hillhaven. Inc...... 236 Hill. Jacqueline D ...... 349 Hill. Larry ...... 328 Hill. Mattie L., ...... 339 Hill. Robert ...... 333 Hillsboro Hospital ...... 254 Hillside Terrace Intermediate Nursing Facility ...... 238 Hilti. Annabelle ...... 217 Hilton. Robert ...... 215 Hinckley & Schmitt ...... 257 Hines. Janet L ...... 220 xliv Hinrichs. Rosemary ...... 225 Hinsdale Hospital ...... 310 Hinsdale Sanitarium & Hospital ...... 245 Hisek. Jeannette ...... 281 HNU Systems. Inc ...... 280 Hobyl. Waltraud M ...... 337 Hock. Joseph ...... 214 Hod Disposal Service ...... 287 Hodge. Herbert ...... 338 Hodyl. Edward ...... 208 Hoefort. John W., Jr ...... 231 Hoe Supply Co ...... 230.261. 284 Hoffman Co...... 256 Hoffman. Loraine ...... 330 Hoffman. Mark D ...... 346 Hoffman. Patricia L ...... 212 Hoff. Sherri ...... 220 Hohulin Brothers Fence Co...... 277 Holbrook. Jack A., Jr...... 328 Holdman. Wendell ...... 295 Holiday Inn., ...... 233 Holiday Inn Riverfront ...... 253 Holland. Susan K ...... 342 Holliday. John ...... 228 Holmes. Annie ...... 345 Holmes. Marilyn ...... 336 Holts. James R ...... 340 Holy Cross Hospital ...... 219.302. 308 Holy Family Hospital ...... 251.253. 263 Holz. Kenneth A., D.D.S ...... 217 Homestead Convalescent Nursing Home ...... 240 Honeywell Information Systems ..... 265.281. 287 Hood. Cordell ...... 349 Hood. Dale Dwayne ...... 328 Hook's Drugs #708 ...... 248 Hopkins. Frank A ...... 227 Hopkins. Kelly D ...... 220 Horewitch. Bill ...... 328 Hoskins. Linda ...... 1 ...... 335 Hotel Pere Marquette ...... 283 Hott. Eileen ...... 215 xlv I oughland. Lena ...... 210 .owe. Freddie ...... 331 .ouse of Rental ...... 260 -1.ovenga. Tamara Dee Cornel1 ...... 339 Iyoward Johnson Motor Lodge ...... 235.269...... 272.274.276.280. 281 .€-1loward. Robert E ...... 4 €I :oward Uniform Co...... 263. 279 I-1 .owe. Leaffie P: ...... 219 I3 iowell. Mark E ...... i ...... 336 I3 !owe. Myra Doris ...... 219 I3 [owland. Elaine ...... 222 I-1 [oybl. Waltraud M ...... 337 I4 .oyle. Harold ...... 209 13 [oyleton Children’s Home ...... 246. 266 Id [oyne. David ...... 340 I3 iQ Printers ...... 260 I3 [romeck’s Court Reporters ...... 232. 261 I-1 [romeck’s. Diane. Court Reporters ...... 266 13 hang. Jou.Nan. M.D...... 308 I3 hang. L . I., M.D ...... 256 I4 [ubbard. Delores ...... 214 I3 [ubler. Laura ...... -...... 292 I3 [udson. Grace ...... 266 I3 [uertas. Carlos ...... 346 I3 [uetson. Linda ...... 327 I-1 [uff. Alfred ...... 218 I3 [uff. Linda ...... 350 I-1 [ukic. Bajro ...... 334 I-1 hman Resources Center of Edgar & Clark Counties ...... 245 I-1 !uman Resources Development Institute ..... 258 I3 iumphrey. Robert E ...... 292 I-1 [unter. Audrey ...... 353 I-1 .unter. Earlene ...... 330 I3 [unter. Lubertha ...... 333 I-1 :urn. Ethel J ...... 328 I-1 hrrelbrink. Joann ...... 212 I-1 [urst. Margaret E ...... 293 I3 .ussain. Shahid ...... 350 I-I Lyatt Lodge ...... 285 xlvi Hyde Park Nursing Center. Inc...... 239

Iberg. Arthur T ...... 295 IBM ...... 232.233.243.246.254.255.266...... 267.269.270.271.272.273.277. 287 Ideal Alarm & Signal Co...... 279 Ideal Heating ...... 246 Igini. John P., M.D...... 270 Ill-Mo Welding Products Co...... 249 Illini Fire Equipment ...... 252 Illini Moving & Storage. Inc ...... 265 Illini Power Products ...... 281 Illini Supply. Inc... 231. 254. 258. 275. 278. 283. 288 Illini Union Bookstore ...... 281 Illini Welding Supplies. Inc ...... 209 Illinois Bell Communications ...... 269 Illinois Bell Telephone Co...... 250. 252. 253...... 262.269.270. 277 Illinois Constructors Corp ...... 148 Illinois Correctional Industries ...... 276. 282 Illinois Dept . of Public Aid ...... 268. 280 Illinois Dept . of Public Aid; Clarence Golden. Petty Cash Custodian ...... 288 Illinois Electronic Business Equipment ...... 259...... 279. 284 Illinois Health Care Assoc ...... 217 Illinois Masonic Medical Center ..... 213.214.215...... 227.228.299. 300 Illinois National Bank ...... 221 Illinois State Bar Association ...... 233 Illinois. State of ...... 243 Illinois State Toll Highway Authority ...... 257 Illinois State Trust Co...... 1 Illinois Teachers’ Retirement System ...... 221 Illinois Theatre Center ...... 268 Illinois University Hospital ...... 260 Illinois. University of ...... 221. 264 xlvii

Illinois. University of; Board of Trustees ...... 262.270. 285 Illinois. University of. Central Stores ...... 265 Illinois Valley Business Equipment ...... 261 Illinois W esleyan University ...... 282 Imburgia. Dolores T ...... 333 Inchingolo. Michael ...... 348 Infanti. Mark P ...... 337 Ingalls Memorial Hospital ...... 256. 274.306...... 307.308.309. 310 Ingerson. Paul J., Jr ...... 348 Ingold. Brenda ...... 227 Integrated Business Systems ...... 271 Integrated Development & Manufacturing Co ...... 272 International Business Machines ...... 285 International Salt Co...... 276 Iroquois Memorial Hospital ...... 282 Irvin. Vada ...... 296 Isaac. William L ...... 289 Isberner. Lori Anne ...... 211 Issani. Mubarak Ali ...... 350 ITT Courier Terminal Systems ...... 232. 255

J Jablonski. Avril Jane ...... 342 Jablonski. Diana ...... 338 Jacinto. Epifanio ...... 336 Jackimiec. Rose ...... 223 Jackson. Francine ...... 342 Jackson. Kaaren ...... 331 Jackson. Mary ...... 331 Jackson. Melvin ...... 328 Jackson. Monda ...... 331 Jackson. Morris Adonis Shem. Rev ...... 227 Jackson. Richard ...... 289 Jackson. Robert O., Jr ...... 327 Jackson. Rochelle ...... 335 Jackson. Shelby ...... 347 Jackson. William Mack ...... 332 xlviii Jacobazzi. Nicholas J ...... ; ...... 327 Jacobs. Bill. Motor Car Co., Inc ...... 285 Jacobs. Helen ...... 340 Jacobs. Linda C ...... 222 Jager. William ...... 21 Jaggers. Ruth ...... 219 Jagmin. Helen M ...... 295 Jahnke. Joan B ...... 344 James. Elaine ...... 336 Jamison. Daniel ...... 217 Jansen. Virginia ...... 226 Jarvis Office Products ...... 264 Jaskowiak. Minaflor Y ...... 211 Jaterka. Richard ...... 131 Jaworsky. Michael ...... : ...... 214 Jedkins. Airlane ...... 343 Jefferson. Diana ...... 350 Jennette. George ...... 208 Jensen Mechanical Contractors. Inc ...... 286 Jensen. Tamela ...... 221 Jerne.Duffy. Jacqueline ...... Jezuit. Helen ...... Jiggetts. Betty Jean ...... 339 Jodlowski. Alice ...... 212 Johanssan. Gilbert ...... 348 Johns. Karen ...... 330 Johnson. Antonio ...... 334 Johnson. Barbara J ...... 349 Johnson. Bobby ...... 327 Johnson. Booker T ...... 353 Johnson. Clinton ...... 228 Johnson County Asphalt. Inc...... 36 Johnson. Dale R ...... 273 Johnson. David ...... 344 Johnson. Dianna ...... 339 Johnson. Frankie Mae ...... 343 Johnson. Hazel G ...... 295 Johnson. James J ...... 282 Johnson. James Kevin ...... 330 Johnson. Kathleen ...... 222 Johnson. Larkin ...... : ...... 330 xlix ohnson. Larry Leo ...... 349 ohnson. Laura S ...... : . 352 ohnson. Leonard ...... 349 ohnson. Lila R ...... 222 .ohnson. Lula Mae ...... 338 ohnson. Mary K ...... 222 ohnson. Milton R ...... 219 ohnson. Patricia L ...... 225 .ohnson. Rebecca S ...... 341 .ohnson. Ronette ...... 350 .ohnson. Ruth Mae ...... 349 -ohnson. Susie ...... 212 'ohnson. Terry ...... 280 'ohnson. Tyrone ...... 61 -ohmton. Jodi J ...... 340 .ohmton. Luella M ...... 224 .oliet Americana. Inc...... 237 'oliet Audio Vestibular Labs ...... 287 .oliet Junior College ...... 270 -oliet Spring. Inc ...... 263 -oliet Surgery & Health Care ...... 282 'ones. Asa ...... 340 'ones. Carrie S ...... 338 .ones. Delores 1 ...... 345 'ones. Edward ...... 341 'ones. Estelle ...... 346 'ones. Gregory T ...... 338 .ones. Lois ...... 330 'ones. Marvin L ...... 352 .ones. Mary ...... 346 .ones. Michael J ...... 331 -ones. Ralph E., Rev ...... 344 -ones. Robert ...... 349 -ones. Sheila ...... 351 .ones. Sidney ...... ones. Susan E ...... -ones. Walter Amir. Jr ...... ones. William H ...... 'ones. Woodroe ...... 331 .oneson. Eugene H ...... 337 ordan. Ann ...... 328 ordan. Joe C ...... 328 1 Jordan. Larry ...... 336 Jordan. Smiggie ...... 351 Jordan. Thomas C ...... 348 Jose Enterprises ...... 224. 248 Joyce. Kathleen ...... 347 . Judd. Clifton D., Jr ...... 211 Jumer’s Castle Lodge ...... 284. 287 Jumer Hotels. Ltd ...... 285 Justice. Jeff ...... 227

K K-Mart Corp ...... 269 Kaleidoscope. Inc ...... 267. 284 Kamnick. Suann ...... 254 Kane. Dianne K ...... 220 Kankakee Community College ...... 272 Kankakee. County of ...... 256 Kankakee Industrial Supply ...... 228 Kannet. Irving. & Assoc ...... 251 Kantamneni. S., M.D...... 270. 273 Kaplan. Gail. Ph.D. 81 Assoc ...... 279 Kaplan. Sidney J., M.D., S.C...... 278 Kara Co., Inc...... 287 Karlaftis. Konstantinos ...... 339 Karoll’s. Inc ...... 283 Kaspar. John W...... 350 Kaspar. John Wayne ...... 349 Katz. Paul L., M.D...... 249 Kaufelt. Arthur L ...... 349 Keane. Richard J., Jr ...... 340 Kearney. Mildred R ...... 212 Keating. Annette M ...... 266 Keca. Maryann Munch ...... 235 Keen. Walterine ...... 280 Keister’s Inc ...... 276 Keith. Pamela S ...... 209 Kelley. Rosemary ...... 232 Kellner. M . J., Co...... 209. 233. 234. 235.277. 288 Kellogg-Losey Corp ...... 237 li Kellogg. Willard C ...... 342 Kelly. James L ...... 210 Kelly Services. Inc ...... 282. 286 Kempa. Walter F ...... 216 Kempe. Karen A ...... 349 Kemper. Timothy E ...... 293 Kendall. Floris G ...... 295 Kennedy School. Lt . Joseph P., Jr ...... 260. 261 Kennedy. Thomas F ...... 329 Kenzal. Larry ...... 281 Kerwin. Albert ...... 340 Kerwin. Daniel J ...... 209 Kessinger. Kenneth ...... 347 Keyes. Gregory ...... 329 Khan. Nazir ...... 340 Khan. Shagufta. M.D...... 263 Khurshid. Kamran ...... 339 Kilburn. Lila G ...... 219 Kilgallon. Sean T ...... 338 Killelea. Nancy C...... 223 Killion. Virginia M ...... 352 Kim. Ho Hyun ...... 348 Kim. Hyi Ja ...... 349 Kim. Joo-Pi1 ...... 328 Kim. Jung Oh ...... 231 Kim. Young Pae ...... 349 Kinabrew. William ...... 340 Kincaid. Norma F...... 273 Kind. James ...... 329 King. Adam ...... 343 King. Thomas L ...... 338 Kinkade. Eileen ...... 216 Kinnell. Charlene ...... 235 Kinsella. John J ...... 292 Kipper. Frances 0...... 352 Kirk. Audrey ...... 335 Kirkilas. Maria L...... 216 Kirk. Kyle K ...... 328 Klaric. Steven ...... 343 Kleiman. Isobel S ...... 294 Klein. George L ...... 347 lii Klimke. Scot ...... 328 Kline. Elizabeth A ...... 292 Kluz. Jadwiga Stelmach ...... 338 K Mart 3305 ...... 254 Knapp. Shirley J ...... 224 Knobloch. John F ...... 232 Knoles. Thelma J ...... 212 Knoll. Linda S ...... 282 Knop. Louise K ...... 295 Knowles Law Book Publishing ...... 235 Knox. Carolyn ...... 346 KnoxManor ...... 241 Knoxville Management Corp ...... 237 KNP Corporation ...... 36 Kobelt Travel Service ...... 256 Koffler Sales ...... 277 Kohn. William ...... 273 Kokkines. Wendy ...... 333 Kola. Zego ...... 340 Kolb. Lorraine ...... 328 Kollereb. Pamela ...... 352 Konewko. MichaelR ...... 245 Konrad. Horst. M.D...... 2A5 Koontz. Gary ...... 210 Kosiec. Edward L...... 348 Kosin. Robert ...... 332 Kotarba. Walter ...... 254 Koty. Eileen ...... 274 Kouimelis. Mike ...... 329 Kovats. Ludwig P ...... 295 Koziol. John Henry ...... 256 Kozora. Donald R ...... 331 Krawczynski. Sharon L . Girardi ...... 340 Krealoff. Ada ...... 221 Kreative Kustom Auto Body ...... 259 Krell. Janice R ...... 222 Krischel. Delores ...... 218 Krochmal. Stanley ...... 340 Krohne. Carl W., Jr ...... 225 Kronenberg. Leslie ...... 350 Kruczek. Sandra C ...... 347 liii Krug Excavating Co ...... 208 Krug. Margaret ...... 216 Krys. Irene ...... 294 Krysztopa. Slawomir ...... 215 0 K.S.M. Sheet Metal Co...... 41 Kudelko. Michael J ...... 342 Kuhn. Catherine ...... 342 Kumar. Nada ...... 283 Kutty. Ahamed V. P., M.D...... 230. 260 Kwasnik. Peter F ...... 291 Kye. David ...... 222

Laboratory & Pathology Physicians ...... 281 Lackey. Carol A ...... 225 Lake Land College ...... 230. 277 I Lakeside Coast to Coast ...... 278 Lake View Ford-Mercury ...... 273 I LaMantia. Barbara ...... 213 i Lamberton. Linda S ...... 258 ~ i Lamoine Christian Nursing Home ...... 236 I Lampe. Ferdinand A ...... 295 Lampkins. Charles ...... 340 j Lamprey. Edward ...... 289 ,I

Lampros. John. Assoc ...... 268 1I ~ Lampton. Virginia ...... 327 I

Landers. Jessie ...... 295 ~ i Landers. Patricia ...... 217 1 Landis. Michael A ...... 213 I Landreth Lumber Co ...... 256 Lane. Margaret \ 232 ...... ~ .. Lane. Ronald C .... !...... 232 I Lange. Ethel ...... 348 1 Lange. Richard C...... 345 I Langston Enterprises. Inc...... 240 Lanier Financial Services ...... 251 LaPapa. James. Jr ...... i ..... 337 liv LaRabia Children’s Hospital ...... 250 Lara. Jose M ...... 331 LaReno. Valerie A ...... 292 Larkin Home For Children ...... 261. 281 LaRocca. Shirley ...... 345 Larson. John. M.D...... 243.297. 298 Larson. John R ...... 297 Larson. Peter ...... 333 LaSalle County Nursing Home (LSCNH) ..... 241 LaSalle National Bank ...... 279 Lashley. Mari ...... 337 Latham. William P.E...... 329 Lathers. Teresa C...... 337 LaTourelle. Nancy F ...... 220 Laurel Bone & Joint Clinic ...... 216 Lauschke. Alan L...... 335 Lavicka. Judith ...... 216 Lavorini. John ...... 346 Law. Carrie ...... 352 Lawless. Lawrence ...... 210 Law. Marcia L ...... 230 Lawrence. Clifford L., Sr ...... 229 Lawrence. Joan ...... 254 Lawry. Roy C ...... 215 Laws. Mildred L ...... 333 Lawson. Walter. Children’s Home ...... 263 Law. Thomas J ...... 230 Lawyers Co-Operative Publishing Co ..... 269. 284 Lazarus. Marcella D ...... 312 Lazzara. Steven ...... 339 Leake. Paul D ...... 220 Leathers. Laverne ...... 209 Leato. Sharon ...... 353 Lederle Labs ...... 258 Ledezma. Isidro ...... 332 Lee. Arthur M ...... 338 Lee. Bernice ...... 338 Lee. Brenda ...... 228 Lee County ...... 241 Lee Data Corp...... 264. 266 Lee. Lizzie ...... 349. 350 I

lv Lee. Mabel ...... 332 Leen. Mary Anne ...... 327 Lee. Sandra S ...... 341 Lee. Thelma ...... 341 Leezy. Gloria ...... 348 Legal Directories Publishing Co ...... 258 Leggans. Charles ...... 337 Leisure Garden Home. Inc ...... 238 Leisure Hills Of Kewanee ...... 237 Leisure Hills of Pekin Nursing Home ...... 237 Leiter. Leiter & Sahn ...... 282 Leland Building ...... 2/46 LeMaire. Leonard F ...... 295 Lemanski. Bernard ...... 344 Lemons. Edward ...... 289 Lemons. Gary D ...... 221 Lemon. Vernon A ...... 350 Lemus. Sergio ...... 328 Lenger. Diane M ...... 212 Leonardi. Robyn ...... 351 Leon. Cervando ...... 342 Leslie. Roy ...... 276 Levan. Michael J ...... 349 Leven. Henry ...... 210 Lever Brothers ...... 256 Leveston. Monte11 ...... 337 Levi. Ray & Shoup ...... 268 i Levy-Galatzer. Robert M., M.D...... 266 Lewandowski. Gertrude ...... 293 Lewis. Brenda ...... 341 Lewis. Christeen ...... 349 Lewis & Clark Comm . College ...... 288 Lewis. David H ...... 265 Lewis. Hardy ...... 32 Lewis. Jean ...... 335 Lewis. Norma ...... 333 Lewis. Tommy. Jr ...... 209 Lewis University ...... 228. 272 Lewis. Virginia ...... 220 L & H Stamp Manufacturing Co...... 258 Liberty Advertising Agency. Inc...... 278 lvi

0 Lichter. Michael ...... 97 Liesz. Elizabeth M ...... 207 Ligas. Lawrence J ...... 327 Lincoln College ...... 272 Lincoln Hill Nursing Center ...... 239 Lincoln Manor. Inc...... 238 Lincoln Manor. North ...... 210 Lincoln Paving Co...... 266 Lincoln Square Electrical Supply Co ...... 274 Lindsey. Paul W ...... 336 Lindsley. Richard N ...... 334 Lindstrom. Gust F ...... 293 Lin. Kang.Yann. M.D ...... 279 Link. Debra L...... 338 Lipschutz. Harold ...... 262 Lipschutz. Harold. M.D...... 264 Lipski. Richard L...... 233 Litchfield Nursing Home ...... 237 Litherland. Thomas E ...... 353 Little Angels Nursing Home ...... 262 Little City Foundation ...... 268 Little. Larry D ...... 242 Litton Systems. Inc ...... 246 Livingst on. Brad ...... 216 Livingston. Deborah ...... 216 Livingston County ...... 241 Lock Shop. The ...... 252 Lodhia. Ebrahim ...... 329 Loerzel. Emilie ...... 295 Lofchie. Perry ...... 351 Loftin. Dennis ...... ; ...... 222 Lofton. James E., Jr ...... 334 Logan. John A., College ...... 270 Logsdan. Scott ...... 336 Lolley. Larry ...... 214 Lomboy. Ric A ...... 251 Long. Roxanne ...... 209 Long. Theodore R ...... 223 Lonski. John ...... 328 Lopez. Alicia ...... 315 Lopez. Catalina ...... 331 lvii Lopez. Luz ...... 219 Lopez. Teresa Aguirre ...... 329 Lopez. Trinidad ...... 328 Lord. William ...... 291 Lorenz. Donald Alan ...... 345 Loretto Hospital ...... 305 Loschen. Earl L ...... : .... 255 Lotus Development Corp...... 260 Louisiana. State of; Dept . of Health & Human Resources Office of Mental Health . . 250 Lounsbury. Betty ...... 222 Lovekamp. Susan ...... 226 Lovette. Kenneth ...... 349 Lowder. Robert J ...... 208 Lowe. Billy E ...... 209 Lowey. Irene ...... I..... 221 Loy. Bradley V ...... 343 Loyd.Handy. Patricia ...... 345 Loyd. Mattie ...... 341 Loyola Medical Center ...... 287 Loyola Medical Practice Plan ...... 243.. 244 Loyola University Medical Center .... 224.227. 245 Luby. Frances V ...... 293 Lucas. Louise ...... 332 Lucas. Ricki L ...... 332 Lucena. Rosa ...... 349 Lugo. Robert ...... 281 Lujano. Arturo ...... 210 Lujano. Cesar ...... 210 Lujano. Josefina ...... 210 Lungo. Andrew ...... 293 Lutheran Child 81 Family Services of Illinois ...... 249 Lutheran Hospitals & Homes Society Owners & Operators ...... 237 Lutheran Social Services of Illinois ...... 251. 261 Lydia Home Assn ...... 267. 282 Lynch. Betty ...... 327 Lynch. Cleaster ...... 336 Lynch. Guy ...... 216 Lyons. Barbara ...... 192 lviii Lyons. George ...... 233 Lyons. Phillip ...... 211 Lyte. Patricia ...... 338

M Maas. Thomas C ...... 231 MacArthur Group. The ...... 288 Macias. Juan ...... 342. 352 Mack. Berta ...... 333 Mack. David W., M.D., S.C...... 264 MacNeal Memorial Hospital ...... 302.304.305...... 306.307.308. 309 Macomb Americana. Inc ...... 237 Macomb Manor Nursing Home ...... 238 Macon Cleaning ...... 256 Macon County Rehabilitation Facilities ...... 222 Maddox. Hubert E ...... 219 Madison.Kedzie. Inc ...... 16 Maeser. JoeM...... 291 Mahony. Fred ...... 344 Main Street Motel. Ltd ...... 278 Maish. Jeffrey A ...... 342 Makosky. Anita D ...... 333 Makris. George ...... 334 Maksymiw. Michael ...... 341 Malas. Elizabeth ...... 344 Malik. Rashidah. M.D...... 266 Malito. Deborah J ...... 337 Mallory. Willie Mae ...... 347 Malloy. Kenneth J ...... 272 Malone. Cathy Ann ...... 209 Maloney. Deborah ...... 225 Mandel. Lipton & Stephenson. Ltd ...... 245 Mann. Edwin H., Jr ...... 344 Mannen. Mark ...... 289 Manock. James W ...... 213 Manpower ...... 281 Manpower Temporary Services ...... 252 Maraine Valley Community College ...... 279 I

lix Marathon Petroleum Co...... 284 Marcatante. John D ...... 342 Marc Center ...... 245 Marche. Marc J ...... 352 Marc Plaza Hotel ...... 275 Margalski. Natalie A ...... 295 Margaret-Ann Electric. Inc ...... 287 Marine Bank of Springfield ...... 266 Marion County ...... 287 Markos. Jo Ann R ...... 225 Markowicz. Joseph G ...... 345 Mark. William ...... 290 Marsan. Edith ...... 294 Marsden. Rita C ...... 211 Marshall Industries ...... 285 Marshal. William J., M.D...... 232 Marsh. Vera ...... 346 Marten. Martha E ...... 294 Martinez. Edwin ...... 230 Martinez. Felicia ...... 351 Martinez. Marco Antonio ...... 262 Martinez. Nyla S ...... 291 Martin. Herbert ...... 214 Martin Implement Sales ...... 273 Martin. Linda ...... 341 Martin. Maureen K ...... 225 Martin. Milam ...... 227 Maryville Academy ...... 246. 251 Massac Memorial Hospital ...... 259.262. 271. 277 Massa. Lenda S...... 343 Massie. Fred ...... 214 Mas troianni. Retta ...... 209 Matlick. Debra K ...... 225 Mattice. BrianH...... 256 Mattingly Health Care Center ...... 238 Mattingly. B . F ...... 238 Mattingly. L . E ...... 238 Maxson. Scott F ...... 266 Maxwell. Margaret ...... 351 Mayen. Israel ...... 332 Mayfield Manor Nursing Center. Inc ...... 239 lx h1 ayflower Pavilion Convalescent ...... 239. 240 It 4 aywood Assoc ...... 261 114 cAdams. Luther J., Jr ...... 332 11 4 cBee. Steven Wayne ...... 331 11 4 cCall. David ...... 210 11 4 cCann'Construction ...... 264 11 4 cCarthy. Daniel. M.D...... 250 11 4 cClain. Timothy ...... 228 h4 ccollum. Lucindy ...... 330 h4 cConnell. Carol P ...... 277 114 cConnell. Wanda J ...... 212 11 4 cCorkle Court Reporters. Inc...... 233.234...... 278.279. 280 11 4 cCormick. Helen ...... 216 114 cCormick. Helen L ...... 216 11 4 cCormick. Herbert ...... 345 11 4 cCoy. James R ...... 220 11 4 cCoy. Karen M ...... 213 h4 cCoy. Laverne ...... 250 11 4 cCoy. Willie ...... 345 11 4 cCracken. John E., M.D...... 277. 285 h4 cCullagh Leasing ...... 1 ... 273 h4 :cCullom. Rosemary ...... 330 h4 cCurdy. Betty C ...... 293 h4 cDaniel. Brenda L ...... 260 114 'cDonough County ...... 241 11 4'cDowel1. Ruth ...... 347 n4 .cFadden. Eva D ...... 352 h4 :cGee. Brendia ...... 223 h4 :cGee. Denise ...... 211 h4 :cGee. Norma ...... 221 hn .cGhee. Tanya ...... 336 hn kGrath Whalen Office Equipment .... : ..... 255 h4 !cGraw-Edison Service ...... 249 oh4[cGraw. Vera Irene ...- ...... 182 h4 [cGuire's. Inc...... 259 hn [cGuire. J . M ...... 331 hn [cGuire Reporting Service ...... 233. 272 1n[cHenry Co . Mental Health Board ...... 227 nn [cIntrye. T . G ...... 229 onn[cIntyre. Walter ...... 78 Ixi McKean. Beatrice ...... 226 McKee Door Sales & Service ...... 261 McKinley. Ada S., Community Services. Inc ...... 2A6. 287 McKinley Community Services ...... 253 McKinney. Susan ...... 339 McLean Co. Alcohol & DrudLighthouse ..... 241 McLean County ...... 241. 262 McLeary. Everett ...... 285 McMahill. Veronica E ...... 221 McMaster. Sylvia ...... 211 McMillan. Michalene ...... 219 McNeal. Phillip ...... 224 McNeal Pharmaceutical ...... 263 McNicholas. Michael E ...... 346 McPhan. Donald ...... 343 McPherson. Shirley Barbara ...... 348 McQueen. Suzan P ...... 342 McRill. Susan I...... 221 Mead Johnson & Co ...... 281 Meador. Gary L ...... 208 Means Service ...... 265 Mears. Cyndi ...... 337 Medical Arts Clinic of Dixon ...... 278 Medical Personnel Pool ...... 258 Medical Practice Plan ...... 248 Medina. Alfonso J., M.D ...... 252 . Meeker. Bryce E ...... 349 Meek. Margretta ...... 292 Mehrotra. Debbra L ...... 217 Meils. Jeri L ...... 225 Meis of Indiana ...... 243 Mellon. Louise W ...... 227 Melrose. Armade ...... 218 Melton. Pat ...... 209 Memije. Romeo R., M.D...... 265 Memorial Hospital ...... 268. 286 Memorial Medical Center ...... 285 - Mendelsohn. Melvin E ...... 211 Mendenhall. Janice Lee ...... 333 lxii Mendez. Victor ...... 353 Mendoza. Mario ...... 329 Menke. FrederickP ...... 340 Mercer. Connie ...... 260 Mercy Center ...... 214. 285 Mercy Center for Health Care Services ...... 215. 218 Mercy Center Health Care Services ...... 260 Mercy Hospital ...... 218.220.241.245...... 250.309. 310 Merkels. Inc ...... 263. 276 Merle Pharmacies #1 ...... 262 Merrell Dow Pharmaceuticals ...... 257 Merrell. Garland ...... 219 Merz. Hermann ...... 338 Metheney. Glenda ...... 222 Met Newspaper ...... 246 Metropolitan Sanitary Dist . of Greater Chicago ...... 264 Mettille. Anthony K ...... 223 Meyerhoff. Retha R ...... 266 Meyer. Katherine ...... 295 Meyer. Mark ...... 220 Meyers. Edward J., Co ...... 209 Meyer. Sheryl A ...... 273 Meyer. Vera ...... 327 Miceli. Linda M ...... 281 Michael. Carolyn J ...... 344 Michigan Terrace Nursing Home. Inc ...... 239 Micklo. Eugenia ...... 295 Micro Group. Inc...... 276 Mid-West Autowise. Inc...... 267 Mid Continent Pipe & Supply Co., Inc ...... 275 Middlebrook. Carolyn L ...... 353 Midland Area Agency on Aging ...... 275 Midland International ...... 269 Midstate Machinery Co...... 264 Midwest Diversified Services. Inc ...... 248 Midwest Fence Co...... 252. 255 Mieloszyk. Steve ...... 338 Mikalauskas. John ...... 230 lxiii Mike & Julie’s Education Center ...... 258 Milkert. Bernice B ...... 225 Miller. Beverly ...... 216 Miller. B. Viola ...... 293 Miller. Charles W...... 269 Miller. Derrick ...... 349 Miller. Elizabeth M ...... 344 Miller. Gerald I., Rev ...... 262 Miller. Jack. M.D...... 232 Miller. James. Chevrolet. Inc ...... 250. 251 Miller. Juanita ...... 342 Miller, Ronald ...... 328 Miller Rutledge Corp ...... 237 Miller. Tina ...... 328 Milligan. Nova Pearl ...... 228 Milton Data Center ...... 262 Minkler. Scott A ...... 339 Minnesota. University of. Hospital & Clinics ...... 284 Misericordia Home North ...... 284 Misericordia Home South ...... 245. 254 Mitchell. Beatrice ...... 343 Mitchell. Curtis ...... 217 Mitchell. Mariann ...... 225 Mitchell. Mary ...... 213 Mitchell. Richard D ...... 342 Mobi Corp ...... 286 Modern Brake & Alignment ...... 253 Modern Business Systems ...... 230. 260 Modern Manor. Inc ...... 239 Mohr. Daniel F ...... 232 Moline Radiology Assoc ...... 256 Monohan. James P., M.D...... 283 Monroe Systems for Business. Inc; ...... 273 Monroe Truck Equipment ...... 268.270. 271 Montgomery Elevator Co., Inc...... 281. 283 Montgomery Ward ...... 253.277.278. 282 Moody. Lenolia ...... 335 Moon Lake Convalescent ...... 239. 240 Moore. David ...... 346 Moore. Ella J ...... 267 lxiv Moore. James C., M.D...... 270 Moore. Jennifer L...... 267 Moore. John R ...... 233 Moore. Lynda ...... 345 Moore. Maurice ...... 180 Moore. Nancy Jane ...... 215 Moore. Otis ...... 346 Moore Research. Inc ...... 261 Moore. Richard Alan ...... 289 Moore. Sumner D ...... 281. 282 Moraine Valley Community College ...... 223 Morales. Consuelo ...... 352 Morgan. Carol A ...... 253 Morimoto. Paul K., M.D...... 230. 256 Morres. Danny J ...... 223 Morris Lincoln Nursing Home ...... 238 Morris. Marjorie ...... 270 Morrison Community Skilled Nursing Facility ...... 240 Morrison. Doris J ...... 339 . Morrison. Oscar E ...... 223 Morris. Richard LaMont ...... 343. 347 Morris. Robert. College ...... 252. 284 Morrow. Benjamin Beck ...... 329 Morrow. Sharon ...... 333 Mortimer. John S ...... 249 Moses. Elizabeth M ...... 241 Mosley. Camillia ...... 329 Mosley. Gloria ...... 350 MosIey. Timothy E ...... 347 Moss. Larry E ...... 231 Mt. Morris. Village of ...... 268 Mt . Sinai Hospital Medical Center ...... 251. 252 Moyer. Collen (Grachen) ...... 336 MSL Corp...... 268 M & S Rental Equipment Co ...... 1 Mueller. Dorothy M ...... 232 Mueller. Irene B ...... 294 Mulhall. Margaret E ...... 224 Mullinax. Roberta M ...... 341 Mundelein College ...... 252. 263 lxv Muneeruddin. Mohammed ...... 339 Munson. Eric ...... 329 Murdale True Value. Inc...... ; ...... 267 Murdent. Norman W ...... 219 Murphy. Charles G ...... 209 Murphy Motor Freight Lines ...... 292 Murphy. Robert ...... 254 Murray. Sidney ...... 335 Murry. James ...... 346 Murthy. Keshava. M.D...... 311 Muzzarelli. Dorothy ...... 216. 217 Myers. Thomas. M.D ...... 214

N I Naffziger. Brent ...... 345 Najar. Virginia ...... 331 Nance. Allen A ...... 351 Nance. Herbert ...... 49 NAPA ...... 288 NAPA Auto Supply ...... 282 Napier. Carol L ...... 218 National Car Rental ...... 230 National Easter Seal Society ...... 253 National Fabco Manufacturing. Inc...... 287 National Fire Protection Assn ...... 263 National Learning Systems ...... 252 National Medical Homecare ...... 232 National Opinion Research Center ...... 254 National Railroad Passenger Corp...... 259 National Service Lines. Inc. of New Jersey .... 213 Nature Trail Home. Inc...... 236 Nauman. Arlene ...... 248 Navis. Cliff. Co...... 263 Naylor. Amos ...... 226 NDC Federal Systems ...... 263 Neal. Connie L ...... 293 Nebraska Beef Processors ...... 133 Neeley. Rose ...... 352 Neenah Foundry ...... 270 lxvi Neiman Brothers ...... 260 Nelligan. John J ...... 283 Nelson. Alma. Manor. Inc ...... 240 Nelson. Alma. Manor ...... 212 Nelson. Darla S ...... 215 Nelson. Debra ...... 216 Nelson. Debra L ...... 217 Nelson. Edwin W ...... 210 Nelson. Marvin B ...... 348 Nendels Motor Inn ...... 278 Neuman. Jaime L., M.D...... 255. 256 Neurological Associates ...... 285 News-Democrat ...... 262 New. Toby L ...... 219 New Zion Day Care Center ...... 251 0 Neylon. James F ...... 63 Nguyen. Hung ...... 352 Nichols. Annie M ...... 353 Niemet. Nancy A ...... 333 Nilsen. Marie ...... 329 Nimely. Darlene R ...... 342 Ninth Avenue Corp ...... 237 Noeth. Louise Ann ...... 210 Noland. Regina ...... 351 Nolpe. Thomas N . Jones. Executive Director ...... 263 Nomura. Roy. M.D...... 274 Normany Osteopathic Hospital ...... 252 North American Van Lines. Inc...... 285 North Aurora Manor ...... 240 North Cicero Dodge ...... 256 Northeastern Illinois University . . 254. 262. 270. 281 Northeastern Health Care Association ...... 241 Northeast Health Care Center ...... 241 Northern Credit Service ...... 250 Northern Illinois Fence. Inc ...... 287 Northern Illinois Gas Co ...... 233.244. 271 Northland Medical Clinic ...... 232 North Shore Association for Retarded Citizens ...... 267 Northside International. Inc ...... 274 lxvii Northwestern Memorial Hospital ...... 244 Northwestern Nursing Center. Inc ...... 239 Northwest Hospital ...... 259 Norton Christensen. Inc ...... 253 Norwegian-American Hospital ...... 299.304.305...... 306.307.308.309. 311 Norwood. Kenneth ...... 350 Nott. Margaret ...... 295 Novak. Edward ...... 208 Nowak. Zofia ...... 339 Nowicki. Harriet ...... 333 Nuemann. Rafael A ...... 353 Nuon. Tonh ...... 353

0 O’Brien. Danny L...... 223 O’Brien. Gloria ...... 350 O’Bryant. Ann ...... 277 0’Connell.Kumar. Carolyn ...... 220 O’Connor. Greg ...... 279 O’Dell. Laurie ...... 227 O’Herron. Ray. Co., Inc ...... 257. 283 O’Neal. Bessie ...... 341 O’Sullivan. John ...... 230 O’Toole. Kevin K ...... 336 Oak Park Care Center Nursing Home ...... 238 Oakton Community College ...... 260 Oberlander Communications Systems. Inc..... 266 Obiahuba. Ngozika I ...... 333 Oceguera. Fina ...... 213 Oceguera. Leone1 S ...... 213 Ociepka. Alexander ...... 352 Oconomowoc Developmental Training Center ...... 283 Oden. Charles ...... 334 Office Equipment Co. of Chicago ...... 288 Office Store Co ...... 233.266. 272 Office Supply Co...... 265.274. 282 Ogg. Richard Lee ...... 261 0 OK Electric Co...... 155 lxviii Oldham. Carol Hollesen ...... 330 Olsen. Melissa R ...... ; ...... 293 Olson. James E ...... 334 Olson. Mary E ...... 225 Omnifax ...... 280 Onnen. Fred L ...... 229 Oquist. Elsie ...... 335 Orange. Florida L ...... 336 Orchard Village ...... 283 Order From Horder ...... 274 Ornelas. Javier ...... 335 Orr. Edward K ...... 347 Orteza. DeofilL., M.D...... 259 Orthopedic Associates of Kankakee ...... 278. 284 Orthopedic Assoc . of Streator ...... 257. 270 Orthopedic Surgery Group ...... 228 Ortiz. Alejandro ...... 352 Ortscheid. Ann M ...... 261 Oruwariye. Alfred ...... 351 Osborne. Josephine ...... 221 Osborn. Yvonna L ...... 207 Oster. Virginia M ...... 293 Otten. Grant L ...... 227 Otto. George W., Jr ...... 292 Ottwell. Noren L ...... 227 Ouimet. Barbara L ...... 329 Outboard Marine Corp ...... 232 Over. Henry A., Jr ...... 211 Over. Robert P. Evers ...... 340 Overton. Jeffrey A ...... 345 Owens. Olivia ...... 333 Oxendine. Alma C ...... 327 Oxendine. Jasper M ...... 327 Oxford University Press ...... 267

P Pablo. Dorothy D ...... 346 Pabon. Maria E ...... 216 Pachulski. Andrezej ...... 348 lxix Paducah Orthopaedic Clinic ...... 258 Palomar. Kathy A ...... 339 Palos Neuropsychiatric Institute ...... 271 Pana Health Care Center ...... 237 Pana Iron Store ...... 269 ...... 294 Pankey. Ilean M ...... ParagonPankonin. Janitorial Louis 0 Co ...... 255294 Parker. Elijah ...... 335 Parker. Gregory ...... 327 Parker. Marvie Woods ...... 352 Parkhill Skilled Nursing Facility ...... 238 Parkhurst. Todd S ...... 246 Park Manor Nursing Home ...... 240 Parks. Carlos C ...... 330 Parks. Catherine ...... 211 Parkview Colonial Manor Nursing Home Parkview Manor. Inc ...... 237 Parkwood Dodge. Inc ...... 251 Parrish. Eddie Mae ...... 348 Parr. Patricia ...... 225 Parr. Susan J ...... 225 Partida. Rogelio ...... 336 Paschen Contractors. Inc...... 212 Passavant Area Hospital ...... 1 . 265 Patel. Haribahai ...... 212 Patel. Harry ...... 212 Patten Tractor & Equipment Co Patterson. Alphredia ...... 330271 Patterson. Darlene R ...... 345 Patterson. Edith Y ...... 264 Patterson. Kenneth M ...... 342 Patterson. Lisa 0...... 271 Patton. Greg E ...... 213 Patton. Richard D ...... 292 Pautler Brothers Contractors. Inc ...... 36 Pavlik. Edward J., D.D.S...... 274 .Payne. Chris J ...... 330 Pearson.Pediatric EugenePractice C Plan ...... 257331 Peer. Mary E ...... 295 lxx Pegues. Charles H ...... 344 Pegues. Walter ...... 220 Pembridge House. Inc ...... 239 Pendergraft. Antonio ...... 351 Penkava. Maureen V ...... 351 Penn. Wesley ...... 283 Peoria Association for Retarded Citizens ...... 257 Peoria Urological Assoc., Inc ...... 279 Perez. Gustavo ...... 350 Perez. Mary ...... 339 Perez. Sipriano ...... 334 Perez. Thomas ...... 343 Perkin Elmer Corp...... 264. 287 Perry. Michael ...... 344 Person. Patricia ...... 226 Perteete. Katherine ...... 342 Perteete. Verne1 ...... 342 Petersburg Plumbing & Heating Co...... 263 Peters. Lori ...... 222 Peterson. Josephine E ...... 225 Peterson. Kay ...... 215 Petkov. Yana ...... 223 Petrick. Beverly L ...... 337 Petrick. Robert ...... 337 0 Petrusak. Paul ...... 113 Petry. Avon ...... 218 Petry. Avon A ...... 216 Pettiford. Jacqueline S ...... 349 Petty. Brian ...... 338 Phillips. Margot K ...... 256 Phillips Petroleum ...... 251. 256 Phillips 66 Co...... 270.272.274. 284 Phipps. Sally F ...... 225 Piat. Janet Krupp ...... 209 Pickett. Ellen T ...... 351 Pickrell. Mildred H ...... 208 Pierson. Linda E ...... 327 Pikulski. Steve ...... 328 Pilgrim Child Development Day Care Institute ...... 211. 245 lxxi

Pilsen-Little Village Community Mental Health Center. Inc ...... 226 Pimental. Patricia ...... 221 Pimentel. Eva ...... 348 Pinckneyville Community Hospital ...... 254 Pinkowski. Violet ...... 295 Pipkin. Carol E ...... 353 Pippen. Joan L ...... 347 Pitney Bowes ...... 223.232.235.253.271...... 276.277.279.280.284. 288 Pittman. Georgia ...... 342 Plasmier. Lee. Dr ...... 283 Platis. Kimberly L ...... 332 Pleasant Hill Village ...... 237. 240 Pleasant Meadows Christian Village ...... 236 Pleasure Driveway and Park Dist . of Peoria ... 277 Plough. Donna Schroeder ...... 347 Podwin. Marian ...... 294 Pokorski. Betty J ...... 346 Polainer. Edward J ...... 266 Polak. Vaune 0...... 332 Polinski. Elizabeth ...... 218 Polk. R . L., & Co...... 261 Ponderosa Motor Inn ...... 274 Poole. Elaine ...... 328 Pope. Steven B ...... 349 Popstein. Robert ...... 224 Poremba. Michael J ...... 327 Poremba. Pauline A ...... 327 Porretta. Judy ...... 221 Portable Sanitation Systems ...... 283 Poston. Frances ...... 338 Potter. Kathleen S ...... 197 Powell. David ...... 350 Powell. John A ...... 331 Powell. Joyce ...... 343 Powell. Linda ...... 332 Powe. Samuel L ...... 226 I Prairie Cardiovascular Center ...... 285 Prairie Center for Substance Abuse ...... 241 Prairie City Nursing Center. Inc...... 238 I. lxxii Prairie City Nursing Home ...... 238 Prairie Farms Dairy ...... 264 Prater. Elaine ...... 270 Pratt. Penny R ...... 222 Prazak. Dolores ...... 208 Preciado. Pamela ...... 342 Prencipe. Lorraine ...... 103 Price. Eddie ...... 278 Price. Gary R ...... 271 Prime Med ...... 284 .Prince. Shirley Ann ...... 349 Princeville Area Migrant Child Development Center ...... 243 Prismo Safety Corp ...... 282 Pritts. David R ...... 340 Pro.Care. Inc...... 240 Pro Auto ...... 230 Production Supplies. Inc ...... 245. 256 Professional Services to Youth ...... 252 Pronto Travel Agency ...... 259. 279 Proviso Association for Retarded Citizens ...... 250. 309 Pruitt. Dorothea ...... 331 Prussing. Laurel Lunt ...... 280 Pryor. Robert E ...... 233 Przetacznik. Rita Anne Coty ...... 333 Pugh. Kelvin ...... 344 Pulvino. Kim ...... 338 Pure Hotels. Inc...... 212 Purolator Courier ...... 255

Quad City Radiologists ...... 275 Quality Care ...... 277.278. 279 Quest. Irma F...... 295 Quincy College Corp ...... 261 Quinn. Dorothy ...... 126 Quinn. Frederick. Construction co...... 211 Quinn. Joan P ...... 232 lxxiii

Quinsippi Long Term Care Facility. Inc ...... 236 Quint. Ed ...... 284

R Rabe. Margaret ...... 293 Ragan Communications ...... 265 Ragan Report Workshop ...... 287 Rager. Marie C ...... 334 Rahman. Aziz. Dr ...... 275 Rahman. Habibur. M.D...... 252 Rahpaelidis. Kimon ...... 339 Rainbolt. James W ...... 223 Ral Construction ...... 2,49 Ramada Hotel-Mt . Vernon ...... 285 Ramada Inn ...... 280 Ramada Renaissance ...... 233 Ramada Renaissance Hotel ...... 282 Ramirez. Elveria ...... : ...... 332 Ramirez. Jose ...... 327 Ramos. Edith ...... 265 Ramos. Joseph ...... 350 Rampona. Douglas M., M.D...... 268 Ramsey Lumber Co...... Ramsey. Norma J ...... Ramudamu. Chandra ...... 214 Randall. Catherine ...... 262 Randell. Daniel ...... 269 Randich. Craig ...... 196 Randolph & Assoc ...... 222 Randolph County ...... 209 Rankin. Darlene ...... 338 Rankin. Gilbert ...... 338 Ranney. Byron J ...... 210 Ransom. Donnie W ...... 339 RAO. K.P.N., M.D ...... 226 Rashid. Gregory M ...... 341 Raushan. Jamaal N ...... 347 Ravenswood Hospital ...... 245 Ravenswood Hospital & Medical Center ...... 228 lxxiv IRawlings. Linda Vose ...... 220 1R.B.N.H., Inc...... 240 1R.B. Rebuilders. Inc ...... 220 IRed Bud Nursing Home ...... 240 1Red Hills Rest Haven Corp ...... 239 1Reed. Donna McCray ...... 340 1Reeder. Robert H., M.D...... 223 1Reese Hospital & Medical Center ...... 253 1Reese. Michael. Hospital ...... 309 13eese. Michael. Hospital & Medical Center .... 311 I3eese. Michael. Physicians & Surgeons ...... 221 I3efrigeration Distributing Co ...... 267 I3egalado. Michael ...... 353 I3egalia Manufacturing Co...... 260 IIegent Plaza Nursing Center. Inc ...... 239 I3ehabilitation Institute of Chicago ...... 245.302...... 309.310. 311 3ehg Reporting Service ...... 259 Ieid. Lucille ...... 352 3eid. William E ...... 350 3eisch Memorial Nursing Home ...... 239 Ieliance Elevator Co ...... 281 3enken. James R ...... 213 jeporting Services. Inc...... 248 lequarth. Margaret Jane ...... 218 3espond First Aid Systems ...... 283 lest Haven Manor. Inc., Nursing Home ...... 236 3esurrection Hospital ...... 232.268.269. 275 {euben & Proctor ...... 262 levels. Connie J ...... 345 Ieynolds. Fred D ...... 336 {eynolds. George ...... 333 leynolds. James T ...... 293 {eynolds. Margaret B ...... 294 Ieynolds Motor Co ...... 253 {hoden. Annie ...... 344 3hodes. Dorothy ...... 337 Gal. Larry J ...... 290 3ica. Carla Y . Costa ...... 328 lice. Presley D ...... 218 lxxv Richard. Michelle ...... 339 Richards. Lawrence K., M.D...... 241 Richardson. Flora D ...... 209 Richardson. Leotha ...... 338 Richardson. Streeter ...... 267 Richardson. Theodore ...... 227 Richards & Stehman ...... 271 Richard. Steve. Jr ...... 347 Richards. William A., Mrs ...... 337 Richards. Wilma ...... 346 Rich. Jim ...... 252 Rich. Mary ...... 224 Richmont Hotel ...... 263 Richter. Carol A ...... 347 Rickenbrode. Helen ...... 343 Ricoh Corp...... 255 Riddell. Margaret ...... 268 Rider. Kathleen M ...... 330 Ridges. Sharon Marie ...... 207 Ridgway Manor Nursing Home ...... 236 Rieckenberg. Anita J ...... 218 Riley. Carl Eugene ...... 351 Riley. Gloria ...... 217 Riley. Susan M ...... 271 Rimini. Alan ...... 222 Rincker. Ruth ...... 209. 280 Rinehart. Jane ...... 216 Ring. Patsy ...... 219 Ringstrom. Margaret M ...... 231 Rios. Milagros ...... 336 Rita. Lucida. M.D ...... 250 Ritchey. James Thomas ...... 351 Riva. Linda ...... 341 Rivera. Byron ...... 340 Rivera. Efrain ...... 331 Rivera. Elida ...... 333 Rivera. Francisco ...... 334 I River Bend Community Unit Dist . #2 ...... 264 River Hills Nursing Home. Inc ...... 237 River Oaks Chrysler Plymouth ...... 263 Riverside Medical Center ...... 227. 248. 251.252...... 266.270.276.301. 302 lxxvi 15iverway Co...... 221 1Rizzolo. Frank ...... 338 1RMC. Inc...... 266 1Roberson. Bobby J ...... 221 1Roberson. Kristy ...... 221 1Roberts. Dorothy J ...... 218 13oberts Frame & Axle Service ...... 281 1Roberts. Inge M ...... 346 13oberts. Joe ...... 295 I3oberts. Roberta ...... 343 I3obey. Grider ...... 337 1lobin. Mary V ...... 347 1lobinson. Alberta ...... 337 Ilobinson. Alfred. Jr ...... 330 I3obinson. Alphonso ...... 218 1lobinson. Anthony E ...... 220 1lobinson. Cornelius ...... 293 I3obinson. Herbert C ...... 337 1lobinson. Lee R ...... 329 13obinson. Melvin Douglas ...... 351 13obinson. Randy Ray ...... 346 13obinson. Shirley ...... 331 1local. Inc ...... 283 I3ocke. Richard A ...... 339 I3ock Falls Manor ...... 241 13ock Falls Twp . High School ...... 258 13ockford Convalescent Center ...... 212. 240 13ockford Mass Transit Dist ...... 266 13ock Island Convalescent Center Nursing Home ...... 236 13ock Island County Health Dept...... 276 .I 3ock Island Franciscan Hospital ...... 100 15ock. Ken. Community Center ...... 276 13ock River Collection Agency ...... 266 1!lodgers. Ellen ...... 353 13odriguez. Jose A., Jr ...... 346 13odriguez. Joseph ...... 235 13odriguez. Maribel ...... 350 1Rodriguez. Sixto M ...... 343 1Rodriguez. Thomas A., Jr...... 293 lxxvii 11 I ...... Roesch.Rodriguez. Arthur Umberto ...... 338242 1

Roeski. Dorothy ...... i ...... 295 ~ Rogers. Hattie J ...... 329 Rogers Park Manor. Inc ...... 240. 308 1 Rogers. Robert K ...... 280 Rogers. Wylie ...... 327 Rohrbaugh. James R., M.D...... i. . 285 Rohrman. Douglas F ...... 340 ! Roland Machinery Co.... 252.256. 257.258.260. 26 1 Rolke. Barbara R ...'...... 295 Rolke. Kenneth ...... 295 Romero. Pedro ...... 329 Romo. Francisco ...... 347 Roosevelt Square-Marion Nursing.Home. .... 238 Roosevelt Square-Murphysboro Nursing Home ...... '1 ...... 238 Roosevelt Square-Princeton Nursing Home . : 239 Roosevelt Square-Silvis Nursing Home ...... 239 Roosevelt Square-Springfield Nursing Home ...... 239 Roosevelt University ...... 161 Roosevelt University ...... 284 Roper. Raymond W ...... 328 Rosato. Jean ...... 213 Rose. Ashley S ...... 232 Roseland Community Hospital ...... 218.256. 303 . Rossi. Jacqueline M ...... 225 Ross. Vadah Marie Curfman ...... 334 Roudebush. John M ...... 332 Roulas Associates Architects ...... 272 Rowland. Steve S ...... 209 Royal Chrysler Plymouth ...... 249. 250 Royal Elm Convalescent & Geriatric Center. Inc ...... 240 Royal Fontana Nursing Center. Inc ...... 240 Royal Greenbrier Nursing Center. Inc ...... 240 Royal Willow Nursing Care Center. Inc ...... 240 Roytype ...... 260 R . Rudnick & Co./Rudnick Builders ...... 286 Rubenstein. Carey S ...... 230 Ruble. Eva L ...... 224 lxxviii

Rubrecht. Bernard F ...... 345 Rudy. Frances ...... 327 Rueter. Helen N ...... 333 Ruiz. Michelle Chamorro ...... 333 Runnfeldt. John T ...... 218 Rush-Presbyterian St . Luke’s Medical Center ...... 221 Rushing. Judy ...... 212 Russell. Louis T., Sr ...... 348 Russo. Aida Gloria ...... 337 Russo. Dominic ...... 294 Rustman Bus Sales. Inc ...... 277 Ruszel. Robert E ...... 336 Rutledge. Patricia ...... 33 Ryan. Connie E ...... 223 Ryan. James ...... 350 Ryder Truck Rental. Inc ...... 278

S Safety Kleen Corp...... 252.272. 276 Saghafi. Behrooz ...... 253 St . Anne’s Hospital ...... 223 St . Anthony’s Hospital ...... 255 St . Anthony Memorial Hospital ...... 258 St . Bernard Hospital .... 300.301.302.303.304. 307 St . Coletta School ...... 255 St . Elizabeth’s Hospital ...... 251.264.273.274...... 301.302.303.306. 311 St . Elizabeth Medical Center ...... 235. 282 St . Frances Xavier Cabrini Hospital ...... 248 St . Francis Hospital .... 263.304.305.306.307. 308 St . Francis Hospital of Evanston ...... 309. 310 St . James Hospital ...... 232.249.252. 265 St . James Hospital Medical Center ...... 273. 283 St . John’s Hospital ...... 252.254.262.275. 279 St. Joseph Hospital ...... 230.266.299.303...... 304.306.307.308. 309 St . Joseph Hospital (Elgin) ...... 305 St . Mary’s Hospital ..... 244.245.246.274. 280. 301 lxxix St . Mary’s Hospital Centre ...... 224 St . Mary’s Hospital. Decatur ...... 268. 285 St . Mary of Nazareth Hospital ...... 217 St . Mary of Providence School ...... 266 St . Therese Hospital ...... 304. 305 St . Therese Medical Center . . 227.261.270.274. 280 St . Vincent Residential School ...... 258 St . Vincent School ...... 261 Salgado. Angel M ...... 286 Saline Care Center Nursing Home ...... 239 Saline Manor. Inc ...... 239 Salkeld. Mark W ...... 230 Salley. Fannie ...... 348 Sally. Patricia A ...... 208 Sanchez. Euencion Severiano ...... 339 Sanders. Bessie 0...... 342 Sanders. Edward. Jr ...... 255 Sanders. Nathaniel ...... 340 Sanders. Teresa ...... 220 Sanders. Terry ...... 332 Sanders. Wiley C...... 333 Sandner. Jill R ...... 222 Sandoz Nutrition Corp...... 255 Sandra Memorial Nursing & Convalescent Home. Inc ...... 239 Sanford. Sharon ...... 340 Sangamon State University ...... 257 Santamaria. Enrique ...... 343 Santone. Susan M...... 350 Santoyo. Margaret A ...... 327 Sarnecki. Christine M ...... 292 Saslow Dental ...... 263 Sassan. Dennis D ...... 231 Satoloe. Joan W ...... 210 Savin Corp...... 243 Scantron Corp...... 263 Schade. Mildred ...... 295 Schadt. Mabel K ...... 295 Schiestel. Janet ...... 213 Schiller. W . & Co., Inc ...... 246 lxxx Schleich. Marsha ...... 219 Schmidt. Felice ...... 329 Schmitt Ford. Jac...... 258 Schneider. Jalene ...... 210 Schneider. John G ...... 295 Schneider. Robert C ...... 209 Sc hol t z. Margaret ...... 292 Schrieber. Ray. Disposal ...... 260 Schroedel. M . Dwayne ...... 292 Schryver. Marie T ...... 295 Schuler. John. Psy . D ...... 269 Schultz. Joy ...... 274 Schultz. Roger A . & Marjorie ....i ...... 294 Schust. Cynthia Ann ...... 218 Schwarz. Marvin J., M.D...... 299 Schwarz. Marvin. M.D...... 243.298. 299 Science Research Assoc ...... 269. 287 Scientific Games. Inc ...... 285 Scott. Catherine ...... 222 Scott Emergency Medical ...... 272 Scott. Evelyn ...... 281 Scott. Gregory ...... 209 Scott. John M., Center ...... 278 Scott. Steve R ...... -...... 347 Scubelek. David R ...... '334 Sears. Roebuck & Co...... 248.257. 275 Security Lumber & Supply Co...... 287 Seeley Healthcare ...... 261 Seelye. Bette ...... 223 See. Patricia L ...... 328 Segrist. James E., M.D...... 281 Seigert. Donald R ...... 215 Selph. Amy Lynn ...... 214 Selph. Donald R ...... 214 Seppi. Joseph F ...... 210.211.240. 241 Serbantez. Ruth M ...... 352 Serna. Judith D ...... 229 Servco Equipment ...... 246 Seville Drugs ...... 208 Seville Temporary Services ...... 265 Sexton. Darrel ...... 209 lxxxi Sgro. Patricia J ...... 222 Shadid. James E ...... 231 Shady Rest Manor. Inc . Nursing Home ...... 239 Shafer’s Galena Pharmacy ...... 249 Shah. Pravin S., M.D...... 253. 256 Shannon. Olivia ...... 293 Shattar Sales ...... 262 Shaw. Laverne ...... 333 Shaw. Virginia ...... 346 Sheehan. George ...... 291 Shelby. Hardel ...... 347 Shelby Manor Nursing Home ...... 239 .Shell Oil ...... 261.266. 287 Shelton. Danny Ray ...... 333 Shelton. Pat ...... 286 Shepherd. Nicholas ...... 227 Shepherd’s/McGraw.Hill ...... : ...... 266 Sheridan Oil Co...... 255 Shick. Terry W ...... 222 Shidler Construction Material Co., Inc...... 260 Shines. Lorraine ...... 351 Shipley. Robert M ...... 337 Shores. Phyllis Myra ...... 330 Shores. Venelea ...... 330 Shorter. Romade ...... 212 Shoss. M., M.D...... 251 Shoss Radiology Group ...... 252 Shover Easter Seal Rehabilitation Center ...... 253 Shover. Jayne. Easter Seal Rehab . Center ..... 264 Shraga. Hannah ...... 221 .Shubayev. Fredrick ...... 293 Shutkas. Angelo N ...... : ...... 351 Shymansky. Donald ...... 228 Sibley. Debra ...... 211 Siddiqui. Idris Ibrahim ...... 233 Sieg LaSalle Co., Inc ...... 248 Sienieniec. John ...... 330 Sierra. Francisco V ...... 230 Sievers Auto Body. Inc ...... 285 Sievers. Steven A ...... 241 lxxxii Sikorski. Stephen B ...... 260 Silkey. Nancy L ...... 213 Silva. Alberto. M.D...... 216 Silver Cross Hospital ...... 245. 259 Silvoc. Richard 0...... 294 Simmons. Ernest ...... 294 Simmons. Jill ...... 276 Simms. Sharon. Ph.D...... 248. 249 Simplex Time Recorder ...... 259 Simpson. Gregory G ...... 280 Sims. Gary R ...... 293 Sims. Mancola ...... 353 Singleton. Fred T ...... 337 Sitzman. Herbert ...... 345 Skach. Laura M ...... 213 Skokie Valley Hospital ...... 282 Skokie Valley Manor. Inc ...... 239 Skokie Valley Terrace Nursing Center. Inc ..... 239 Sky Harbor Inn ...... 273 Slack. Delores ...... 284 Slack. Herbert ...... 351 Slack. Mrs . Delois ...... 277 Slaughter. Johnnie. Jr ...... 346 Sloan. Kathleen M ...... 328 Slone. Vera ...... 338 Small. Brian C ...... 286 Smallwood. Helen ...... 347 Small World Children’s Center ...... 276 Smith. Alexander ...... 335 Smith. Althea ...... 329 Smith. Carol T ...... 256 Smith. Connie L ...... 222 Smithey. Lucille ...... 296 Smith. Johnny ...... 289 Smith. Kenneth A ...... 280 Smithkline Bio-Science Lab ...... 274 Smith. Larry Darnel1 ...... 329 Smith. Lester ...... 223 Smith. Maida ...... 338 Smith. Marie ...... 339 Smith. Marilyn ...... 332 lxxxiii Smith. Mavis C...... 344 Smith. Morris. Jr ...... 210 Smith. Ora E ...... 293 Smith. Roberta L...... 336 Smith. Rupert ...... 211 Smith. Stella ...... 332 Smith. Willie L ...... 349 Smyth. Alex ...... 286 Sneed. Jeffrey ...... 229 Snyder. GeneT...... 212 Snyder. Lori M ...... 212 Snyder’s Vaughan Haven ...... 217 Soderstrom Dermatology Center. S.C...... 280 Sohn. Anthony ...... 331 Somerset House. Inc ...... 240 Somerville. Arthur F ...... 295 Sommerville. Willie J ...... 221 Soparas. Stanley C ...... 335 Sopher. Trella I ...... 296 Sorce. Angelo C., M.D...... 264 Soria. Rogelio ...... 334 Sorling. Northup. Hanna. Cullen & Cochran ...... 272 Soto. Maria Borrios ...... 350 Souhlas. Dean ...... 222 Souhlas. Paula K ...... 222 Souranis. Spiros ...... 330 Southern Illinoisan Newspaper ...... 273 Southern Illinois Clinic. Ltd ...... 266 Southern Illinois University ...... 265 Southern Illinois University. Board of Trustees ...... 250 Southern Illinois University School of Medicine ...... 279 South Suburban Hospital ...... 278 Southworth. Mike ...... 274 Sparkling Spring Water Co ...... 281 Specialized Medical Imaging ...... 274 Special Services Co...... 284 Spencer. David L., M.D...... 246 Spencer. George R ...... 346 lxxxiv Spicer. Edward ...... 217 Spicer. Mary Heard ...... 334 Spight. Michael T ...... 341 Spoon River Center ...... 262 Spoon River Scenic Drive Assoc ...... 252 Springfield. City of ...... 243 Springfield Hilton ...... 228. 254 Springfield Public Schools ...... 253 Springfield Radiologists ...... 2A4 Springfield Van & Storage Co...... 275 Sriratana. Pramern ...... 282 S & S Arts & Crafts ...... 266 Stacker. Shelia ...... i ...... 334 Stack. Scott ...... -230 Stacowitch ...... 281 Stagg. Brian ...... 273 Staley Building Corp...... 268 Stalions. Lois I ...... 223 Staller. Joseph ...... 333 Standard Electric Time Corp...... 275 Standard Parking Service ...... 266 Standard Register Co...... 261 Stan. Harry ...... 327 Stanko Packing Co...... 133 Stanley. Kathy ...... 107 Stannard Power Equipment Co...... 284 Stark. Barbara ...... 269 Starks. Barbara ...... 216 Starling. Kathy ...... 220 Stasch. Mary M ...... 294 State Employees’ Retirement System ...... 214.220. 244 State Farm ...... 212 State Farm Insurance Co...... 214 Staunton Health Care Center ...... 237 Steadman. Lottie ...... 353 S tef anovich. Anna ...... 220 Stefanski. Alex L ...... 351 Steigerwald. Clarke A ...... 265 Steiner Electric ...... 227.229. 231 Stephenson. Cynthia W ...... 344 lxxxv Stephenson. Karen ...... 221 Stephens. Paul L ...... 210 Stevens. Joan M ...... 225 Stevens. John N ...... 273 Stevens. VickieL ...... 233 Stevens. Zelia 0...... 339 Stewart. Mary E ...... ; ... 222 Steward Oil Co...... 274 Stewart. Ruth E ...... 293 Stewart. Velma ...... 353 Stickney Public Health .District ....: ...... 277 Stiff . Annie Lee ...... 345 Stiff. Mary ...... 260 Stiles. Eric A ...... 273 Stock. Carl ...... 211 Stocks. Inc ...... 282 Stoller. Walter. M.D ...... 262 Stolley & Orlebeke ...... 291 Stone. Joy C...... 219 Stone. Stanley ...... 291 Stover. Robert ...... 214 Strava. Jackie L ...... 335 Stronge. John Le ...... 294 Structural Rubber Products. Co ...... 282 Struebin. Ronald ...... 197 Stubbs. Quint R ...... 339 Stuckey. James A ...... 211 Stuckly. Sharon A ...... 258 Stunson Enterprises. Inc ...... 239 Stuttle. Carol L ...... 223 Suburban Door Check & Lock Service ...... 268 Suburban Ent . Assoc ...... 311 Sudmeier. Joanne Louise ...... 343 Sulivan. Thomas J ...... '255 Sullivan. David C...... 342 Sullivan. Edward J ...... 212 Summage. Charles E ...... 232 Summers. Sherry Y ...... 224 Sundeen. Timothy A ...... 218 Sunnyside Co ...... 258 Sun Refining & Marketing ...... 284 lxxxvi Sunrise Manor. Inc ...... 236 Sunset Nursing Home ...... 238 Svaniga. Lora J ...... 252 . Swanson. Anna May ...... 351 Swedish Covenant Hospital ...... 253 Sykes. Birdie Lee ...... 330 Sylvester. James E ...... 331 Synwolt. Henry F ...... 212 Szpunar. Janina ...... 327 Szuper. Susan ...... 333 Szymanski. Carol E ...... 225 Szymborski. Daniel ...... 334

T Tag. Inc...... 284 Tait. Robert. Jr ...... 338 Talaga Sheet Metal Co ...... 267 Talbot. Charles E ...... 341 Talbot. Robert S ...... 352 Tamayo. Luis ...... 332 Tamblin. Walter ...... 291 Tanaphong. Suvit ...... 332 Tandy Corp ...... 264. 284 Tansey. Lawrence J ...... 348 Taphorn. Michelle ...... 226 Tatum. Darlene ...... 329 Tavernaro. Michael Angelo ...... 347 Taylor. Bernard ...... 218 Taylor. Edward A., Jr ...... 329 Taylor. Elizabeth ...... 349 Taylor. George W ...... 295 Taylor. Julie ...... 349 Taylor. Raymond ...... 213 Taylor Ready-Mix ...... 228 Taylor Rental Center ...... 273 Taylor. Ronald E ...... 339 Taylor. William ...... 345 Tedder. Paul W ...... 47 Tedeski. JohnR ...... 212 lxxxvii Tejada. F . C., M.D ...... 268 Tekmar Co ...... 283 Telecommunications International ...... 260 Temmen. Pamela ...... 208 Temple School of Medicine Pediatric Practice Plan ...... 219 Temple Sholom Day Care Center ...... 263 Temporary Service. Inc...... 258 Tenney Sales. Inc ...... 272 Terrell. Audrey ...... 221 Test. Elaine E ...... 233 Teverbaugh. George E., Sr ...... 210 Textor. Alice ...... 291 Tharpe. Michael ...... 223 Tharpe. Ola Mae ...... 352 The Lincoln Home ...... 210.211.240. 241 Theraplay Institute ...... 279 Therrell. Bennie ...... 328 Thiel. Sandra L...... 226 Third Microventure ...... 263 Thomas. Beatrice ...... 334 Thomas. Darrell ...... 344 Thomas. Joy ...... i ..... 258 Thompson. Alicia V ...... 349 Thompson. Annie Hamilton ...... 348 Thompson. Goldie ...... 348 Thompson. Herman ...... 346 Thonet Industries. Inc ...... 277. 280 Thornburg. Kelly ...... 139 Thornton Community College ...... 275 Thornton Motors ...... 265 I Thorpe. MableL...... 211 3M ...... 228 Three Oaks Nursing Home ...... 238 I Three Sisters ...... 281 Ticey. Roberta ...... 346 Tidwell. Claudette ...... 353 I Tillman. Jeannette ...... 337 Timmes. E . Charles ...... 350 Tingue. Brown & Co...... 258 Tirman. Barbara M ...... 340

~ I lxxxviii Tjiook. Can. M.D., S.C...... 284 Todd. Wilmar. Mrs ...... 334 Tokar. Kathleen M ...... 353 Tokar. Laurence J ...... 353 Tomei. Deborah ...... 337. 338 Tomei. John ...... 337 Tomlin. Edward ...... 331 Tomlin. James M ...... 274 Topolinski. Mark S ...... 352 Torres. David ...... 341 Torres. Grace ...... 335 Touche Ross & Co...... 222. 246 Touhy Terrace Associates ...... 241 Tracy. William C ...... 343 Transport Mobile Cleaning ...... 271 Trefz. Harlan ...... 264 Trefz. Noreen ...... 264 Treister Orthopaedic Services ...... 221 Trenholm. Douglas F ...... 341 Trentz. Gary M ...... 329 Triangle Construction ...... 254 Trice. Charles ...... 350 Trice. Elizabeth ...... 344 Triggs. Patricia Kelly ...... 210 Tripp. Paula J ...... 211 Tronet. Lorens P ...... 233 Trots. Thomas ...... 267 Trotter. Pamela ...... 254 Trout. Russell Lee ...... 348 Trover. Jane Ann ...... 222 Truscello. Michael ...... 221 Tucker. Betty Jean ...... 351 Tucker. Earnestine ...... 343 Turner. Mary ...... 219 Turpeau. Wilbert ...... 351 Turpin Motors. Inc ...... 280 211 West Wacker Drive ...... 268 Tworek. Dennis F ...... 344 Typewriter Service Co...... 284 Tzinberg. Margaret ...... 27 1; lxxxix U

1 Uchida. Tadashi ...... 212 I Uczciwek. Kathleen ...... 336 Ulm. Jacqueline J ...... 214 Union Roofing Co., Inc ...... 274 United Cab Driveurself. Inc...... 91 United Methodist Children’s Home ...... 233 United Microlabs ...... 254 United National Bank of Sioux Falls. South Dakota ...... 210 U.S. Elevator Corp...... 267 U.S. Geological Survey ...... 270 Universal Home Health ...... 277.278. 279 Universal. Inc...... 258 University Microfilms International ...... 282 University Neurological Assoc ...... 265 University of Illinois ...... 158 Unocal ...... 252. 287 Uphaus. Bruce R ...... 212 Upp. Elizabeth ...... 296 Uptown Paint & Body Service ...... 258 Urba. Christopher W ...... 335 Urbana Americana. Inc ...... 237 Uselton Oil Co...... 281 Ushman Communications Co...... 276 Utility Tower Co...... 230 Utley. Anthony S ...... 327 Utz. Thomas W ...... 225

V Vacca. Spirit J ...... 327 Valco Awards and More. Inc ...... 285 Valcom Computer Center ...... ‘271.275 Valdez. Rogelio ...... 330 Vallen Safety Supply ...... 286 Vance. Juliet ...... 345 , Vandalia Motor Sales ...... 255 xc Van De Walle. Kristy L ...... 272 Van Ru Credit Corp ...... 249 Vansant. Patricia A ...... 214 Van Tine. Richard A., Jr ...... 348 Vantrease. Shirley ...... 341 Varble. Gearold J ...... 295 Varelli. Cynthia ...... 251 Vasconcelles. John L ...... 323 Vasiliauskas. Eric A ...... 288 Vasquez. Barbarita ...... 340 Vasquez. Margaret ...... 352 Vasquez. Mary ...... 342 Vaughan. Wanda J ...... 209 Vaughn. Edward ...... 295 Vaughn. Pamela ...... 292 Vaughn. Roy ...... 331 Vazquez. Jose Manuel ...... 330 Vega International Travel Service ...... 260. 268 Velez. Gladys ...... 214 Velez. Maria ...... 343 Velez. Maria E ...... 343 Venture Stores ...... 266. 276 Verble. Daniel E ...... 295 Vernier. John ...... 330 Verstraete. Angela ...... 329 Victory Memorial Hospital ...... 214 Viehman. Lucille ...... 295 Village Inn. Inc. Nursing Home ...... 236 Villarreal. Bertha ...... 296 Villasenor. Moses ...... 335 Visionquest National ...... 228 Visiting Nurse Assn . of Chicago ...... 223.253.262. 311 Vlasis. Linda F ...... 225 Voght. Frank M ...... 211 Vogt. Jo-Anne ...... 212 Volunteer Services of Iroquois Co...... 271 Volunteers of America ...... 245. 263 VonBehren. William F ...... 295 VWR Scientific ...... 276 xci w Wabash Christian Retirement Center ...... 236 Wageman. Scott R ...... 293 Wagner. WilliamD ...... 340 Wakil. DeLinda C ...... 343 Waldrop. Shirley J ...... 224 Walker. Carol R ...... 215 Walker. Clarence ...... 289 Walker. Denver ...... 296 Walker. Eddie J ...... 352 Walker. Lee A ...... 294 Walker. Lloyd L ...... 330 Walker. Shelton ...... 208 Walker. Vicki J ...... 221 Walker. Virgil ...... 329 Wallace. Brenda ...... 219 Wallace Computer Services. Inc...... 286 Wallace. Ernestine ...... 352 Wallace. Gene C ...... 227 Wallace Nursing Homes. Inc...... 238 Wallace. Pamela Gail ...... 336 Wallace & Tiernan Division ...... 288 Wall. Alice A ...... 225 Wall. Barbara L ...... 223 Walls. Raymond E ...... 211 Wal Mart #224 ...... 256 Walsh. Ed ...... 227 Walter. Gail ...... 216. 217 Walters. Joyce M ...... 225 Walton. Johnny ...... 289 Wang Laboratories. Inc...... 214.220.252...... 256.267.270. 281 Wang Labs ...... 227.233. 275 Wapella. Village of ...... 257 Ward. Dorothy ...... 352 Wardlow. Sam. Jr...... 333 Ward. Paul ...... 224 Ward. Peter A., Dr ...... 262 Ware. Joddie Mae ...... 328 Wargo. Norman L., Sr ...... 344 xcii Warmack. Sandra ...... 350 Warning Lites of Illinois ...... 270 Warren Chevrolet ...... 275 Warren. Ruth ...... 341 Washington County Hospital ...... 311 Washington County Vocational Workshop ..... 249 Washington. Gina (Mosley) ...... 329 Washington. Lucy Y ...... 207 Washington Nursing Center. Inc ...... 236 Washington University Medical School ...... 288 Washington. W ayman ...... 219 Wassell. Elizabeth J ...... 342 Waters. John ...... 255 Waters. Joseph S ...... 295 Watkins. Darryle ...... 212 Watley. Virtlee G ...... 345 Watroba. Tadeusz ...... 351 Watseka Manor Nursing Home ...... 239 Watters. Velda ...... 217 Watts. Jay M ...... 231 Waubonsee Comwunity College ...... 227 Waukegan Welding Supply ...... 281 WDM Management Corp ...... 238 Weathersby. Lottie ...... 343 Weathers. Leon W ...... 218 Weathers. Loretta ...... 331 Weaver. Kimberly N ...... 218 Weaver. Lorne ...... 218 Weaver. Rosemary ...... 346 Webb. Betty F ...... 343 Webster. Spencer ...... 343 We Care Nursing Facilities. Inc ...... 236 Weiner. Dianne ...... 350 Weiss. Donald E., M.D...... 310 Weiss. Louis A., Memorial Hospital ...... 299.300...... 308. 309 Weiss Memorial Hospital .... 269.301. 303. 304. 309 Welch. James ...... 212 Welding Industrial Supply Co...... 281 Weller’s Farm Fresh ...... 273 Wellhausen. Linda ...... 332 xciii Wells. Charlotte Taylor ...... 346 Werderitch. Kenneth ...... 227 Wereldsma. Edward Peter ...... : ...... 288 Werner Motor Co...... 285 Werner. Peter. Dr: ...... 258 Wertz Alignment. Inc...... 275 Wesley. Keith J ...... 342 Western Asphalt Paving Co ...... 208 Western Illinois University ...... 278.279. 283 West Harvey-Dixmoor Schools ...... 211 Westinghouse Furniture Systems ...... 253 West. James ...... 227 Westlake Community Hospital ..... : 299.300.307...... 308. 309 Weston. Herbert ...... 332 West Publishing Co ...... 235.263.282.287. 288 West. Sabrina ...... 225 W .F. Industries ...... 276. 287 Wham. James B...... 258 0 Wheadon. Rosetta ...... 165 Wheaton Youth Outreach ...... 246 Wheeler. C ...... 339 Wheeler. M . R ...... 339 White. Agnes G ...... 218 White. Arthur ...... 279 White County Clerk ...... 232 Whitef ield. Elliot ...... 292 White. Lloyd E ...... 296 White. Lois ...... 347 White. Mable Ward ...... 350 White. Nettie ...... 218 White. Robert ...... 330 White. Thearity ...... 175 White. Valerie Jean ...... 220 Wicherek. Dolores F ...... 332 Wicks. Ben ...... 228 Wielgopolan. Julie A ...... 223 Wiggins. Jeff A ...... 273 Wiggs. Gary D ...... 223 Wilcox. Marvin ...... 348 Wiley Office Equipment Co ..... 256. 269,283,.285 Wiley. Rosie B...... 221 xciv Wilgus. William ...... 329 Wilkes. Keith ...... 345 Wilkey. Webb L ...... 343 Will County ...... 233. 264 Wil1iams.El. Melvin ...... 289 Williams. Alberta ...... 293. 321 Williams. Andre L ...... 294 Williams. Beverly ...... 223 Williams. Beverly A ...... 345 Williams. Blanche G ...... 294 Williams. Charles ...... 330 Williams. Cheryl Anne ...... 225 Williams. Clara ...... 350 Williams. Clinton ...... 353 Williams. ClydeG...... 218 Williams. Eleanor ...... 343 Williams. Gerald ...... 217. 343 Williams. Howard ...... 223 Williams. Hubert 0 ...... 283 Williams. Jeanne ...... 350 Williams. Juanita ...... 341 Williams. Linda ...... 342 Williams. Linda L ...... 275 Williams. Mable L ...... 351 Williamson. Mary ...... 216. 218 Williams. Roger E ...... 214 Williams. Ronald ...... 214 Williams. Rosemary ...... 333 Williams. Rosetta ...... 352 Williams. Sylvia ...... 273 Williams. Teressie ...... 351 Williams. Vivian ...... 351 Williams. Willie ...... 220. 349 Willis. Harold ...... 232 Willis. Teola ...... 352 Willow Brook Ford. Inc...... 248 Wilson. Charles W ...... 211 Wilson. Connie ...... 335 Wilson. Donna R ...... 280 Wilson. Eva ...... 342 Wilson. Ila Mae ...... 219 xcv Wilson. Margaret L ...... 345 Wilson. Ray A ...... : 231 Wilson Tire Co...... 264 Wilson. William ...... 210 Wimbiscus. William J., Jr...... 231 Wimpy. Fern ...... 210 Winfield. Derek B ...... 343 Wink. Helen M ...... 225 Winkler. Mary E ...... 222 Winston. Michael ...... 334 Woehrle. Howard ...... 327 Woith. Betty L ...... 341 Wojciechowski. Jerri L ...... 224 Wolford. Mary ...... 222 Woll. Orval F ...... 296 Wolter. Jean ...... 214 Woltz. Lynn ...... 291 Woodhaven Learning Center ...... 282 Woodland. Inc. Nursing Home ...... 236 Wood River Township Hospital ...... 284 Woods. Charles E ...... 347 Woodson. Dianne L ...... 347 Woodstock Residence. Inc...... 239 Woodward. William ...... 202 W or den. Edith ...... 294 Word Masters. Ltd ...... 257 Word Technology Systems. Inc...... 281 Working Class Uniforms ...... 257 Worm. Hollis D ...... 270 Wotten. Grace ...... 350 W ozniak. Anna ...... 292 Wright & Babcock ...... 231 Wright. Barbara J ...... 350 Wright. Betty ...... 344 Wright. Evelyn ...... 347 Wright. Jacquenette Shaw ...... 346 Wright. Perry W ...... 348 Wright. Zack. Jr...... 294 Wr oblew s ki. Catherine F ...... 348 Wyman. Thomas M., M.D...... 288 Wyse. James L., D.D.S...... 251 xcvi

X Xerox Corp ...... 219.221.223.224.226.229.235...... 245. 246. 249. 250.257. 260. 264...... 267.282.283. 285

Y Yaniz. Antonio. M.D...... 255 Yann. Pauline L ...... ; ...... 225 Yanson. Peter ...... 266 Yates. Debra ...... 226 YMCA of Metro Chicago ...... 255 Yoon. Bog S ...... 342 Yosko. Kathleen C ...... 331 Yost. Rolland ...... 227 .Young. Anna P ...... 215 Young. Donald L ...... 336 Young. Jerome B ...... 278 Young. Michael J ...... 208 Young. Olis ...... 329 Young. Roberta Sue ...... 219 Yunker. Orvileen ...... 225 Yuskanich. Cynthia J ...... 222

Z Zachai. Nahum ...... 208 Zanetti. Claude L., M.D...... 276 Zappa. Mary ...... 216 Zawan. Mayer. Dr ...... 294 Zawislak. James L ...... 217 Zawislak. Mildred L ...... 217 Zawislak. Robyn M ...... 217 Zayas. Esperanza ...... 217 Zempich. David ...... 291 Zep Manufacturing ...... 245 Ziebart A/T Rustproofing ...... 248 Ziolkowski. Cheryl (Pabon) ...... 338 Zion Nursing Home ...... 236 xcvii Zobrist, Orville E...... 295 Zortman, John ...... 218 Zouganelis, Lillian M...... 338 Zurich- American Insurance ...... 221 Zwartz, Thomas A...... 268 CASES ARGUED AND DETERMINED IN THE COURT OF CLAIMS OF THE STATE OF ILLINOIS REPORTED OPI NlONS

FISCAL YEAR 1987

, 1986 through June 30,1987)

(No. 75-CC-0740-Claim denied.)

ILLINOIS STATE TRUST Co. and M & S RENTAL EQUIPMENT CO., Claimants, 2). THE BOARD OF TRUSTEES OF SOUTHERN ILLINOIS UNIVERSITY, ILLINOIS JUNIOR COLLEGE BOARD AND STATE COMMUNITY COLLECEOF EAST ST. LOUIS, Respondents. Opinion filed August 4,1986.

CARR, KOREIN, KUNIN, SCHLICHTER & BRENNAN (REX CARR, of counsel), for Claimants.

NEIL F. HARTIGAN, Attorney General (WILLIAM E. WEBBER and LAWRENCE REISCH,J R., Assistant Attorneys General, of counsel), for Respondents. CoNTRAcrs-penult y provisions-not applicable against State of Illinois. Penalty provisions in contracts cannot be applied against the State of Illinois.

LANDLORD AND TENANT-hold-over-chim for double rent denied. In an action by a landlord seeking double rent following the hold-over by State educational institution tenants, the claim for double rent was denied, since the record established that the landlord failed to exercise the option of ouster, the landlord accepted rent as listed in the original lease after making 1 2

a demand for possession, and penalty provisions are not applicable against the State, therefore the Court of Claims held that the acceptance of the old rent constituted an election that the tenants were relieved of further liability, and furthermore, that the award of double rent would be a penalty which would be contrary to Illinois law.

HOLDERMAN, J. This is a claim for double rent of premises occupied by the East St. Louis Community College. The claim arises out of a lease entered into by Southern Illinois University and sublet or assigned to the Illinois Junior College Board and State Community College of St. Louis. The primary term of the lease was from June 1, 1969, to June 30, 1969, with options to renew for three two-year periods. The dispute in question arose at the close of the first two-year renewal on June 30, 1971. At the close of the first option term, the college proposed to the Claimants the renewal of the lease for one year and cited as a reason the lack of appropriated funds. Claimants rejected the proposal by letter, dated September 14, 1971, and addressed to the Board of Trustees of Southern Illinois University. Thereafter, rents were submitted subsequent to September 21, 1971, and accepted by Claimants. Claimants are asking for the sum of $304,000.00, plus costs and interest for the period in question (September 22,1971, to July 1974). This is an old case starting originally on January 6, 1975, when the complaint was filed. The docket sheet is now 3%pages long. Briefly, the record shows that when the original lease expired, there were several letters exchanged between the parties. Claimants wrote a letter dated September 14, 1971, to the Board of Trustees of Southern Illinois University which stated that the 3 holding over beyond the termination date of the lease constituted renewal under the option for an additional two years. On September 22,1971, Claimants wrote the Board another letter to the effect that the original lease had been cancelled, and on November 11, 1971, Respondent wrote to Claimants stating ‘‘. . . none of our actions shall be deemed to have been a renewal of our lease for the period of July 1, 1971-June 30, 1973.” The fact remains, however, that Respondent kept paying the rent at the old figure and the payment at the old figure was accepted by Claimants, although they did write to Respondent that the payment was not sufficient. Another important factor in the Court’s decision is that a new lease was entered into after approximately two years of paying hold-over rent and the new lease was for an amount only slightly larger than that of the original lease. Respondent, in its brief and arguments, states that by accepting the old rent an election was made by Claimants and Respondent was therefore not liable. Respondent continued to occupy this property for an additional three years and paid rent at the rates called for in the old lease, from 1971 to 1974. This rent was accepted by Claimants and no proceedings were started to evict Respondent from the premises although protests were made every month. Respondent further contends that acceptance of the rent as listed in the original lease after its demand for possession would constitute a waiver of statutory rights since it would make Respondent a hold-over tenant. Respondent also points out that at no time did Claimants exercise the option of ouster of said tenant. Respondent also states that penalty provisions cannot be applied 4 against the State of Illinois. Zllinois Power Co., 30 Ill. Ct. C1. 506; Ill. Rev. Stat. 1971, ch. 80, par. 2.

Claimants state that the statute provision does not govern this case and they are entitled to double rent under the theory of common law. Claimants call attention to the fact that the rents paid after September 1, 1971, were at the old rate and were not satisfactory, and although they billed Respondent each month for the new amount, they were continually paid at the old rate.

It is the Court’s opinion that the acceptance of the old rent was an act by Claimants establishing that election had been made and therefore Respondent is not liable. It is the Court’s further opinion that under the penalty laws of the State of Illinois, penalties sought by Claimants in this case, double rent, is a penalty which is contrary to the laws of the State of Illinois. Award is denied and this cause is dismissed.

.I‘

(No. 76-CC-2629-Complaint dismissed.)

ROBERT E. HOWARD, Claimant, 0. THE STATE OF ILLINOIS, Respondent. Order on motion to dismiss filed April 14,1978. Order on motion to vacate filed November 20,1978. Order on motion to dismiss filed April 6,1979. Opinion filedJune 10, 1987.

PERZ & MCGUIRE(R OBERT M. ZELFK,of counsel), for Claimant. 5

NEIL F. HARTIGAN, Attorney General (RICHARD HOUSER, Special Assistant Attorney General, of counsel), for Respondent. HIGHWAYS-posting of deer signs discretionary. The statutory provision regarding the placement of traffic control devices clearly gives the State discretion as to the placement of deer crossing signs, and any suggestion that the State should be held liable each time a motorist strikes a deer because no sign was posted would be contrary to the intent of the statute. NEGLIGENCE-state is immune from liability in performing discretionay duties. Interference with such discretionary decisions of State government as the placement of traffic control devices would unduly interfere with governmental functions and place an unreasonable burden on the State, therefore the State is immune from liability or negligence in the performance of discretionary duties. Hrctw.+Ys--collision with deer-no deer crossing sign-State immune-complaint dismissed. In an action arising from a collision between Claimant’s automobile and a deer on a State highway where there were no deer crossing signs, the Claimant’s complaint was dismissed, since the placement of deer crossing signs is a discretionary function of State government, and the State is immune from the imposition of liability for accidents allegedly caused by the failure to erect such signs.

ORDER ON MOTION TO DISMISS POLOS,C. J. This cause coming on to be heard on the motion of Respondent to dismiss, and due notice having been given, and Claimant having failed to respond to said motion, and the Court being fully advised in the premises; It is hereby ordered that this cause be, and hereby is, dismissed.

ORDER ON MOTION TO VACATE POLOS,C.J. This cause coming on to be heard on the motion of Claimant to vacate this Court’s order of April 14, 1978, dismissing this cause, and the response of the Claimant thereto, and the Court being fully advised in the premises; It is hereby ordered that this Court’s order of 6 April 14, 1978, dismissing this cause, be and hereby is vacated. It is further ordered that Claimant be, and hereby is, granted leave to file a memorandum in opposition to Respondent’s motion to dismiss, instanter. It is further ordered that this cause be set down for oral argument on Respondent’s motion to dismiss.

ORDER ON MOTION TO DISMISS POLOS,C. J. This cause is before the Court on the motion of Respondent to dismiss the complaint, for failure to state a cause of action upon which relief can be granted. On consideration of such a motion, the well- pleaded allegations of the complaint must be accepted as true. In substance, Claimant alleges that on No- vember 28, 1974, he was operating a motor vehicle in a southerly direction over Route 180, near Williamsfield, Illinois. It is further alleged that it was the duty of the State of Illinois to erect and maintain warning signs upon Illinois Route 180, and that in breach of its duty the State failed to erect and place a sign indicating that a deer crossing existed across the highway, although the State knew, or in the exercise of reasonable care, should have known, that deer were known to cross at that location. It is further alleged that as Claimant traveled along the highway a large deer jumped in front of his vehicle, which collided with the deer and caused injury to the Claimant. Respondent has moved to dismiss, arguing that the State of Illinois was under no statutory duty to post signs warning of a deer crossing at the accident scene. 7

However, as the Court said in Hout v. State, 25 Ill. Ct. C1. 301:

“. . . although the State is not an insurer of the safety of persons in the lawful use of the highways, it is nevertheless under a duty to give warning by the erection of proper and adequate signs at a reasonable distance of a dangerous condition of which the State had notice, either actual or constructive.”

Claimant has alleged that the State had actual or constructive notice of the fact that deer were frequently known to cross at the accident site. Claimant has further alleged that the Department of Conservation records show concentrated and consistent road kill of deer at that location, and that the State otherwise had reason to know of the concentration of deer at the accident site.

While the Claimant may bear a heavy burden to show that the State was negligent in failing to erect deer crossing signs at the scene of the accident, we cannot say that there are no set of facts under which he could prevail. We therefore find that the complaint does state a cause of action, and the Respondent’s motion to dismiss is hereby denied.

OPINION

RAUCCI, J.

The Claimant, Robert E. Howard, brings this action against the State of Illinois, seeking recovery of money damages for injuries suffered in a deer-automobile accident on November 28,1974. Claimant struck a deer on Illinois Route 180 in Knox County, Illinois. He seeks to recover damages from the State of Illinois for injuries sustained when striking the deer, based upon a theory that the State should have posted deer crossing signs in the area where he struck the deer. 8

Evidentiary hearings were held on August 25, 1982, and February 10,1984. Counsel for the Claimant and the Assistant Attorney General were present throughout the course of these hearings. In addition, evidentiary depositions were taken and submitted by Claimant. Both parties have submitted their briefs and arguments. The sole issue presented is whether the State of Illinois had a duty to erect a deer warning sign at or near the site of the accident. Claimant relies upon section 11-303 of the Illinois Vehicle Code (Ill. Rev. Stat. 1973, ch. 95%,par. 11-303), as the basis for recovery in this action. The record reflects that on November 28, 1974, at approximately 2:OO a.m. the Claimant was driving southbound on Illinois Route 180 approximately 2?L miles north of Williamsfield, Illinois. Claimant had driven this route on numerous occasions. The collision took place while he was driving south on the two-lane road. On the aforesaid date, the speed limit for that road was 55 miles per hour. The Claimant, prior to the impact, had been going at a top speed of 50 miles per hour. The collision site was a two-hilled wooded area with some timber and brush. While the Claimant was driving at the aforesaid location, suddenly and without warning, two large deer jumped in front of the Claimant’s car while he was traveling about 50 miles per hour. At the top of the hill, the first deer jumped over the car but did not actually strike the vehicle. The second deer, however, came in contact with the Claimant’s vehicle, causing a violent collision and serious injury to the Claimant. The record reflects that an Illinois Department of Transportation engineer, Steve Van Winkle, was the 9 District Traffic Engineer for District 4, including Knox County, from 1974 to 1976. He testified that he would not consider putting up a deer sign in a particular area unless he had a positive recommendation from the Department of Conservation. The Department of Transportation would rely solely upon the recommendation of the Department of Conservation in determining whether to put up a deer sign. During the time that he had responsibility for District 4, the Department of Transportation erected no deer signs for District 4.

Forrest Loomis of the Department of Conservation is the top State official in Illinois as it relates to deer management and road-deer mortality. He testified that it is the policy to discourage use of deer signs due to their ineffectiveness. He further testified that thousands of deer are killed on the roads of Illinois each year. In November of 1974, Forrest Loomis did not recommend the posting of deer signs anywhere in his area of responsibility, including Knox County, Illinois. Loomis has never recommended to the Department of Trans- portation that it install deer warning signs anywhere in Illinois.

Dr. Allan Wolff testified as an expert in the field of wildlife science and natural resources management on behalf of the State of Illinois. Dr. Wolff was of the opinion that deer warning signs are ineffective and do not reduce the incidence of deer-automobile collisions. Further, the record reflects that the Department of Transportation’s policy is not to put up additional deer warning signs due to their ineffectiveness.

Claimant’s expert witness, Lester Kollom, a safety engineer for the U.S. Postal Service, testified that the history of the physical location in question, the type of 10 road, the type of vegetation and the road environment which forms a valley would be attractive to deer. He further testified that certain precautions such as fences and guard rails should have been placed along Illinois Route 180. However, he was unaware of the nationally published studies on the effectiveness of deer warning signs.

Section 11-303 of the Illinois Vehicle Code (Ill. Rev. Stat. 1973, ch. 95%, par. 11-303) provides in pertinent part as follows:

“(a) The department shall place and maintain such traffic-control devices, conforming to its manual and specifications on all highways under its jurisdiction as it shall deem necessary to indicate and to carry out the provisions of this Chapter or to regulate, warn or guide traffic.” (Emphasis added.)

It is clear that this statute is discretionary and not mandatory. It allows the State to place such traffic control devices “as it shall deem necessary.” If the State of Illinois does not deem it necessary to post deer signs on Route 180, it is not required to do so under the statute, since section 11-303 is purely discretionary in nature.

Thousands of deer are killed on the roads of Illinois every year and to suggest that the State should be liable each time a motorist strikes a deer because the State did not post a deer sign at that particular location, is contrary to the intent of the statute granting the government discretion in the posting of deer warning signs.

In Sherarv. State (1965),25 111. Ct. C1.256, Claimant sued the State for failure to post a “Stop Ahead” sign at an approach to an intersection. In that case, we cited the former equivalent of section 11-303 of the Illinois Vehicle Code and held that the failure to maintain a sign did not constitute negligence. 11

The judgment as to whether it is necessary to place deer signs in certain places on the thousands of miles of State highways is discretionary. To interfere with such discretionary decisions of State government would unduly interfere with the governmental functions of the State and would place an unreasonable burden upon the State. The State is immune from liability or negligence in the performance of discretionary duties. Fluim v. State (1975), 30 Ill. Ct. C1. 634.

In the absence of statutory provisions to the contrary, there can be no recovery against the State or a municipal corporation for injuries caused by negligence in the exercise of functions which are essentially discretionary or governmental in nature, although liability may attach for acts which are ministerial in nature.

Based upon the evidence submitted, it is clear that the decision to post deer warning signs at a particular location is an exercise of a governmental function in determining whether such signs are necessary. There- fore, the particular State agency involved in that decision-making process is held immune from liability for accidents claimed to have been caused by its failure to erect a deer warning sign. This principle is reaffirmed in Locigno v. City of Chicago (1961),32 Ill. App. 2d 412, 421, in which the court held that the regulation of traffic is a governmental function.

In the instant case, since the State did not undertake to place deer signs on Route 180, it may not be held liable. The State created no danger on the highway and the highway was not defective. As such, the State had no duty to post deer warning signs at the location in question. 12 It is therefore ordered, adjudged and decreed that the complaint is dismissed, with prejudice.

(No.77-CC-1251-Claimants awarded $85,000.00.)

JANE and JOHN DOE, Claimants, v. THE STATE OF ILLINOIS, Respondent. Opinion filed August 4,1986

PELINI, CREWELL& SHEFFLER, for Claimants.

NEIL F. HARTIGAN, Attorney General (SUE MUELLER, Assistant Attorney General, of counsel), for Respondent. NEGLIGENCE-state may be held liable under respondeat superior. In an action arising from the negligence, malfeasance, or misfeasance on the part of a State agent or employee, the State may be held liable under the doctrine of respondeat superior. SAME-sexual molestation by negligently placed ward-respondeat superior-award granted. Under the doctrine of respondeat superior, an award was granted to licensed foster parents whose child was sexually molested by a ward of the State who was temporarily placed in the foster parents’ home, since the record established that agent of the State who made the placement negligently failed to inform the foster parents of the ward’s prior history of aggressiveness, behavioral disorders and homosexuality, and that negligence was the proximate cause of the damages resulting from the attack.

MONTANA, C.J. This is a claim for psychological, behavioral and physical damage suffered by the child of licensed foster parents who was sexually molested by a ward of the Respondent’s Department of Children and Family Services (hereinafter referred to as DCFS) that was temporarily placed in the household of the foster parents. A hearing was not held in this matter, however a stipulation of facts was filed along with an additional stipulation of facts and, pursuant to an order entered in I

13 November of 1982, certain other documents were allowed into evidence. A brief was filed by the Claimants, but the Respondent failed to file any brief although ordered to do so by the commissioner. The commissioner has duly filed his report and the matter is now before the Court for a decision.

Mr. and Mrs. John Doe were licensed foster parents with DCFS. They had several sons, one of whom was Tom, a seven-year-old who resided with them and of whom DCFS was aware. On July 17,1975, a caseworker for DCFS inquired of the Does whether they would agree to be temporary foster parents for Richard D. Campbell, Jr., an 18-year-old ward of DCFS. This caseworker was familiar with the Doe’s family situation. During the conversation Jane Doe asked the caseworker whether there was anything about Campbell which she should know and the caseworker said no. Relying upon the caseworker’s representations, the Does agreed to be temporary foster parents for Campbell. On July 18, 1975, a different caseworker for DCFS dropped Campbell off at the Doe household. Upon his placement in the Doe household, Campbell was told by the Does that he would sleep in the same room with their son, Tom.

On more than one occasion during the evenings of July 19-20 and 20-21, 1975, Campbell sexually molested Tom Doe in the bedroom of the Doe home occupied by Campbell and Tom Doe. Jane Doe contacted the DCFS office in Champaign, Illinois on July 21, 1975, and requested the removal from her household of Campbell because of the sexual assaults made upon her son by Campbell. Instead of taking immediate action upon receiving such serious allegations representatives of DCFS advised her that Campbell could not be removed 14 from her household on that day and he would have to spend yet another evening in her household. On the evening of July 21-22, 1975, Richard D. Campbell, Jr. still resided in the Doe household. On July 22, 1975, representatives of DCFS removed Campbell from the Doe household.

On July 29, 1975, Campbell was charged by indictment with the offense of indecent liberties with a child in that he had performed a lewd fondling or touching of Tom Doe, a minor under the age of 16 years, with the intent to arouse or satisfy his sexual desires, which indictment was filed in the Circuit Court of Champaign County, Illinois, in the cause entitled “The People of the State of Illinois v. Richard D. Campbell, Jr., 75-X-1123, Champaign County, Illinois.” Campbell entered a plea of guilty to the charge on October 29, 1975.

After careful and lengthy review of the record, we find that we agree with the Claimants’ assertion that the Respondent, through its agent, DCFS, was negligent in failing to inform the Does prior to the placement of Richard D. Campbell, Jr., in the Doe household that Campbell had a prior history of aggressiveness, behavioral disorders, and homosexuality and that the negligence of DCFS was the proximate cause of the damage suffered by Tom Doe. The record indicates that the caseworker for DCFS responsible for placing Campbell with the Does was aware that Campbell had a propensity for aggressiveness, behavioral problems and homosexuality and that Campbell would be sharing a room with one of the Doe sons, yet he failed to inform the Does that Campbell had any problems of which they should be aware. He knew or should have known that he had a responsibility to provide the Does this informa- 15 tion, but negligently failed to do so and under the doctrine of respondeat superior the State of Illinois can be held ultimately responsible for malfeasance, misfeasance or negligence on the part of its agents and employees. See, e.g., MaZZoy 0. State (1949), 18 Ill. Ct. C1. 137. According to the record, including the evidence deposition of the Claimants’ expert witness, a counseling psychologist who had evaluated him, Tom was a typical well-adjusted seven-year-old until Campbell was placed in the Doe home as a foster child. Since that time Tom had many psychological problems which are not necessary to describe for purposes of this opinion. The problems were serious and did affect his relationship with others, and in particular with his family. He seems to have made much progress in overcoming these problems during early adolescence. Although the extent of the problems remaining was not capable of being exactly identified, it was clear seven years after the I incidents that he still had a habit disorder which would affect his relationships with others and likely suffered from other problems associated with the trauma. The record seems to indicate that counseling has been discontinued. As for a prognosis, it could not be said that he would recover completely from the experience nor was there any certainty that other problems would not manifest themselves later on in life. Although out of pocket expenses were stipulated to be only $1,477.80, the severe impact on the victim is undeniable. Affixing a monetary award in such a case is most difficult. Our research has revealed little. After much deliberation it is our decision to award $85,000.00 in compensation in this claim. 16

It is hereby ordered that the Claimants herein are awarded $85,000.00 of which $1,477.80 is for John Doe and Jane Doe individually and the balance is for them as parents and guardians for the use and benefit of Tom Doe. It is further ordered that the record in this matter be sealed and the names John, Jane and Tom Doe be substituted for the parents and their son, respectively, in the reported decision in this matter.

(No. 77-CC-2478-Claimant awarded $63,370.45.)

MADISON-KEDZIE, INC., Claimant, z). THE STATE OF ILLINOIS, Respondent, Opinion filed December 31,1986.

LISCO & FIELD, for Claimant.

NEIL F. HARTIGAN,Attorney General (JAMES A. KOCH, Assistant Attorney General, of counsel), for Respondent. CONTRACTS-What necessary to sustain affirmative defense of fraud. In an action by a vendor to recover payments allegedly due, the State must prove its affirmative defense of fraud by clear and convincing evidence, and the State must also prove that the Claimant vendor made a false representation with the intent to deceive, all of which cannot be based on mere suspicion. SAME-claim for services rendered welfare recipients-State had no authority to terminate Claimant as vendor-fraud not proved-claim allowed. The Court of Claims granted an award for vendor payments due the Claimant for services rendered to welfare recipients for the period of time after the State allegedly terminated the Claimant as a vendor under the Medical Assistance Program, since the evidence established that at the time of the alleged termination the State did not have authority to suspend or terminate the Claimant, and the State failed to establish by clear and convincing evidence its affirmative defense of fraudulent conduct by the Claimant. 17

POCH,J. The Claimant, Madison-Kedzie, Inc., seeks an award of $63,370.45in payments claimed to be due from the Illinois Department of Public Aid for vendor payments due for services rendered to or on behalf of welfare recipients. This claim was presented to a commissioner of this Court for the taking of evidence. The Claimant alleges that the Respondent did not have the authority to terminate the Claimant as a vendor under the Medical Assistance Program and that the Respondent did not prove the Claimant was guilty of fraud and, therefore, the Claimant is entitled to the full amount requested. The Respondent argues that the Claimant should be paid for services only until the date of its termination from the program and that in the alternative that the claim should be denied in its entirety due to Claimant’s fraudulent conduct in providing claimed services to welfare recipients. The evidence is summarized as follows: The Claim- ant seeks an award of damages for the nonpayment of 7687 prescriptions provided to welfare recipients who were receiving public assistance from the Illinois De- partment of Public Aid (IDPA), an agency of the Respondent. During 1975 the IDPA conducted an audit of the Claimant’s pharmacy business, which for the most part provided services to public aid recipients. The IDPA decided to terminate the Claimant as a provider and advised the Claimant that it would be terminated effective February 27,1976. The Claimant appealed this decision which was ultimately upheld by the Director of the IDPA on February 25, 1977. Thereafter, the Claimant filed this claim in this court. Hiram Anderson, a co-owner of the Claimant’s pharmacy business testified that the Claimant submitted 18

duplicates of prescriptions filled by the pharmacy which was the only documentation required by IDPA in 1976. Anderson testified that the Claimant was not paid $20,252.00 for prescriptions filled between February 11, 1976, and February 27, 1976. The remaining amount claimed results in the prescription fees from February 27, 1976, until July 1976 while the termination was in the internal appeal process. The Respondent’s witness, Michael L. Berger, testified that he did not know how much of the $20,252.00 claimed was paid by IDPA. The Respondent also called Lawrence G. Thompson to support its affirmative defense that the Claimant had engaged in fraudulent conduct and, therefore, its claim should be barred by the provisions of section 14 of the Court of Claims Act (Ill. Rev. Stat. 1977, ch. 37, par. 439.14), and by the provisions of section 8A-1 of the Illinois Public Aid Code (Ill. Rev. Stat. 1983, ch. 23, par. 8A--1). Thompson reviewed the prescription forms in 1982. He questioned less than two percent of all the prescriptions submitted. The Claimant initially argues that the director of IDPA was not authorized at that time to terminate vendors under the Medical Assistance Program that were suspected of fraud. This court in Z 6 D Pharmacy v. State (1984), 37 Ill. Ct. C1. 37, has decided the same issue as raised herein. The decision in Z 6 D Pharmacy was based upon the ruling of the Illinois Supreme Court in Bio-Medical Laboratories, Znc. v. Trainor (1977), 68 Ill. 2d 540, 370 N.E.2d 223. In Bio-Medical the director of IDPA attempted to terminate a vendor from participation in the Medicaid program for welfare recipients. The supreme court found that the director was not entitled to suspend a vendor where there were no intelligible standards provided to guide the director in the exercise of his discretion. In the absence of 19 statutory authority, the director may not suspend a vendor. In addition section 12-15 of the Illinois Public Aid Code (Ill. Rev. Stat. 1977, ch. 23, par. 12-15) provides that the Attorney General may file suit against vendors to recover overpayments made to vendors. Since the decision in Bio-Medical, the General Assembly has enacted section 12-4.25 of the Illinois Public Aid Code (Ill. Rev. Stat. 1977, ch. 23, par. 12- 4.25), which allows under certain conditions the IDPA to terminate or suspend a medical vendor and withhold payments. This statute was effective on December 1, 1977. Pursuant to section 12-4.26 of the Illinois Public Aid Code (Ill. Rev. Stat. 1977, ch. 23, par. 12-4.26), the powers conferred by section 12-4.25 are effective only subsequent to the effective date of December 1, 1977 (with certain enumerated exceptions not relevant in this case). In Roth v. Department of Public Aid (1982), 109 Ill. App. 3d 457, 440 N.E.2d 910, the IDPA attempted to recoup payments made to a vendor of medical services prior to December 1, 1977. The appellate court found that section 12-4.26 of the Illinois Public Aid Code does not authorize the IDPA to exercise powers of recoupment retroactively. The Department would be able to recoup funds, but only by exercising its common law right by bringing a civil action for recovery of funds. In I G D Pharmacy v. State (1984), 37 Ill. Ct. C1.37 this Court ruled on the identical issue raised in the instant case. It was held in that case which is dispositive of the same issue raised herein, that: “The Respondent’s initial defense is that the services rendered after the contract was terminated by the director on February 28, 1976, are not entitled to payment. The director took such action without referral of the 20 claimed fraud to the Attorney General for prosecution. . . . While the director has the authority to promulgate rules governing the quality and quantity of medical services rendered by vendors . . . there is no authority for the director to act as he did in the instant case terminating Claimant’s rights under the contract. . . . We therefore find that the director’s action was improper and that the Claimant could continue to fill prescriptions until the date it voluntarily terminated its participation in the medical assistance program.” 37 111. Ct. CI. 37, 38-39. In the instant case the IDPA determination was made before the effective date of section 12-4.25 of the Illinois Public Aid Code. Based on the authority cited herein the Respondent is not entitled to withhold payments because the director of IDPA did not have the authority at the time he did so to suspend or terminate a vendor as he did in this claim. The director could have referred this matter to the Attorney General but did not do so. Therefore, the Claimant would be entitled to payment unless the Respondent could sustain its affirmative defense that the claim is barred by Claimant’s alleged fraud. In order to sustain its affirmative defense of fraud the Respondent must prove the fraudulent conduct by clear and convincing evidence. The Respondent must also prove the Claimant made a false representation with the intent to deceive. Such evidence of fraud must be affirmatively proved by clear and convincing testimony and cannot be based on suspicion. Bethune Plaza, Znc. v. State Department of Public Aid (1980), 90 Ill. App. 3d 1133, 414 N.E.2d 183; Oltmer v. Zumom (1981), 94 Ill. App. 3d 651,418 N.E.2d 506. A review of the evidence offered by the Respon- dent on its affirmative defense of fraud shows that the Respondent has not met its burden of proof by clear and convincing evidence. The Respondent’s witness questioned less than two percent of the prescriptions submitted. While the Claimant could have kept better 21

records, that does not equate to proof of fraud. The Respondent has not met its burden of proof on the affirmative defense of fraud, and therefore the Claimant is entitled to an award for the amount claimed. See Z 6 D Pharmacy v. State, supra, for the discussion of fraud as an affirmative defense in a similar factual situation. Based upon all the evidence presented, the Claimant, Madison-Kedzie, Inc., has proved its entitlement to an award of $63,370.45. It is hereby ordered: That the Claimant, Madison-Kedzie, Inc., be awarded the sum of sixty-three thousand, three hundred seventy dollars and forty-five cents.

(No.79-CC-0454-Claimants awarded $34,500.00.)

WILLIAM JAGER et al., Claimants, v. THE STATE OF ILLINOIS, Respondent. Opinion filed April 30,1986. Order on denial of petition for rehearing filed September 8,1986.

EDWARD R. VRDOLYAK, LTD. (BRUCE M. BOZICH, of counsel), for Claimants.

NEIL F. HARTIGAN,Attorney General (MARY A. MULHERN, Assistant Attorney General, of counsel), for Respondent. NEGLlGENCE-COl~~nwith State police car at intersection-officer negligent-awards granted. Awards were granted to several persons who were passengers in a van which was struck at an intersection by a State police car which was responding to a call for help, since the evidence established that the State trooper’s negligence was the proximate cause of the resulting collision and injuries.

OPINION

MONTANA, C.J.

This is a claim for damages suffered as a resu-, of a collision between a vehicle driven by William Jager and an Illinois State Police automobile operated by an Illinois State Trooper on the evening of April 24,1977, at the intersection of Cedar Road and Francis Road in New Lennox, Illinois.

Hearings have been held for this claim, all parties have filed their briefs, and the commissioner has duly filed his report. The matter now comes before the Court for a decision.

The evidence shows that Cedar Road is a two-lane, two-way north-south street and Francis Road is a two- lane, two-way east-west street. The intersection is controlled by four-way stop signs. Claimant William Jager was driving a van owned by Charles Jager in a northerly direction upon Cedar Road. Claimants Maureen Jager, Pamela Morrison-Zakhar, Roger Rodeck and Theresa Settles were passengers in the Jager van. As the Jager vehicle came to a stop at the stop sign, a pickup truck operated by Jean Ann Timm entered the intersection eastbound on Francis Road, having previously stopped for the stop sign for eastbound traffic at that intersection. At the same time, an Illinois State Police squad car, driven by Trooper Richard Nichols was entering the intersection in a southerly direction on Cedar Road. The police car collided with the pickup truck in the intersection and then struck the Jager van and stopped just south of the intersection. 23 The issue presented for consideration is whether the State trooper was guilty of negligence which proxi- mately caused the accident and the resulting injuries to Claimants. Four witnesses testified as to the actions of Trooper Nichols at the time of the occurrence. Trooper Nichols testified that just prior to the occurrence, while driving his vehicle southbound on Cedar Road, he received a radio call of an officer needing assistance when he was approximately three- fourths of a mile to a mile north of the intersection. He stated he activated his vehicle’s red flashing lights upon hearing the call and proceeded toward the intersection at 30 to 35 miles per hour. He was unable to estimate how much time elapsed from activation of the lights until the first impact. He never turned on the siren prior to the accident nor did he ever sound the horn. He braked before entering the intersection at about 20 miles per hour, not stopping at the stop sign since he saw all the vehicles at the intersection including a Cadillac stopped westbound on Francis Road and all the vehicles seemed to him to be yielding to him. As he was three- fourths of the way through the intersection he observed the pickup truck entering the intersection. He collided with the pickup truck and then veered to his left striking the stopped van. His vehicle finally stopped 70 feet south of the intersection. He admitted never applying his brakes just prior to the collision with the pickup truck. William Jager testified that he was approximately 20 car lengths south of the intersection when he saw the police vehicle approximately the same distance north of the intersection. He estimated the speed of the police vehicle to have been at least 55 miles per hour and stated that it had not activated its flashing red lights. The 24

flashing lights were activated when the police car was about 50 feet from the intersection but, by that time, the pickup truck had already entered the intersection. The police car never reduced speed prior to entering the intersection and collided with the pickup truck, veered into the northbound lanes of Cedar Road, collided head- on with the van, pushing the van backwards two car lengths and then careened off about 150 feet further south, striking a telephone pole. Eyewitness Gary Gossett testified that he was operating a vehicle northbound 30 to 40 feet directly behind the Jager van just before the collision. He stated that prior to entering the intersection the police car only had headlights on, that upon entering the intersection its flashing lights were activated no more than one or two seconds prior to the impact between the pickup truck and the police car, and that the police car was traveling about 35 miles per hour, never slowing down before impact. Finally, Jean Ann Timm, the driver of the pickup truck, testified that she first saw the police vehicle when it was approximately one quarter mile north of the intersection and that it had no flashing lights on at that time. After she stopped at the intersection she saw a flash of red light and was simultaneously jolted by impact with the police car. She said the police car ended up resting against a telephone pole 70 to 80 feet south of the intersection. In the opinion of the Court it has been proven, by a preponderance of the evidence, that Trooper Nichols was negligent in the operation of his vehicle. He, admittedly, failed to activate his siren or horn prior to entering the intersection at which he observed three vehicles. He failed to stop at the stop sign. We are persuaded, from the force of the impact with Claimants’ vehicle and the fact that he ended up colliding with a telephone pole 70 feet south of the intersection after two impacts, that his speed was in excess of his estimate of 20 miles per hour and was in excess of that which was reasonable considering the circumstances. Additionally, according to two witnesses who are not parties to this action, he failed to activate his flashing red lights until seconds before the first impact, too late to provide warning to the pickup truck entering the intersection. Since, by all accounts, the Jager‘van was at a stop at the stop sign at the time of the impact, there can be no question of any contributory negligence on the part of its driver, William Jager.

As to the injuries suffered, the evidence was undisputed. Claimant Maureen Jager, immediately after the accident was bleeding from her right eyelid and her right ankle was swollen and painful. She was transported by ambulance to Silver Cross Hospital where her eyelid was sutured by Dr. Tsai. She was obliged to use crutches to accommodate the soft tissue injury to her ankle for three weeks. She saw Dr. Moll of Frankfort Clinic three times and saw Dr. Tsai for a second time for the removal of the sutures. Her complaints at the time of the hearing were occasional ankle pain and drooping of her right eyelid and scarring from the sutures. Her medical special damages amount to $431.00. We find that she is entitled to an award of $3,500.00.

William Jager was knocked out of the driver’s seat of his van from the force of the impact. He was knocked unconscious and was revived at the Silver Cross I Hospital. He suffered a laceration of the head which was sutured. He suffered headaches for one week and lost two days of work, amounting to $80.00. His medical 26 special damages amounted to $237.00. We find that he is entitled to an award of $1,000.00. Claimant Pamela Morrison-Zakhar was seated on the floor of the van at the time of the impact. As a result of the impact she was propelled forward to the front of the van where she struck her face and knees against various objects. She was taken by ambulance to Silver Cross Hospital where her upper lip was sutured. She was referred to Dr. Svalina, an oral surgeon, who testified that she had the following damage: left incisor was completely avulsed and missing; a fractured crown of the right central incisor, a fractured crown of the left lateral incisor; avulsions out of the socket of teeth Nos. 10-12; and a fractured root of tooth No. 12, the left first premolar. Treatment consisted of placement of a wire fixation device around the damaged and adjacent teeth. Recently, she has had continuing problems including the fact that the end root of her upper left cuspid tooth has begun to protrude through the wall of the bone which may reflect a rejection process of the tooth. Dr. Kosel, her regular dentist, fashioned and installed a temporary and then a permanent bridge in her mouth, which in her lifetime might need to be replaced four to six times because of normal wear and tear. In March of 1982 she was treated by Dr. Garber, a dentist who replaced the bridge installed by Dr. Kosel because of receding of the gums. Approximately one year after the accident Claimant Morrison-Zakhar was operated on by Dr. Gotsis, a plastic surgeon who recut her lip as a result of lesions from her lacerations. She has suffered swelling and pain in both of her knees requiring X rays and temporary restriction of activities. Kneeling or standing for long periods of time still hurts her knees. ,Her medical and 27 dental bills thus far are $4,944.00. Expected bridge replacements were estimated at $14,400.00. We find that she is entitled to an award of $30,000.00. As to Claimants Roger Rodeck, Theresa Settles and Charles Jager, no evidence was presented on their behalf and we find, therefore, that their claims must be denied. Wherefore, it is hereby ordered that awards be granted in this case to the following persons in the following amounts: (a) $3,500.00 to Maureen Jager (b) $l,o00.00 to Willlam Jager (c) $30,000.00 to Pamela Morrison-Zakhar It is further ordered that the claims of Roger Rodeck, Theresa Settles, and Charles Jager, be denied.

(No. 79-CC-0871-Claimant awarded $55,346.21.) MARGARETTZINBERG, Assignee of the Claim of Gem Super Drugs, Inc., d/b/a Gem Rexall Drugs, Claimant, 0.T HE STATE OF ILLINOIS DEPARTMENT OF PUBLIC AID, Respondent. Opinion filed November 3,1986.

GOLDENHERSH& G OLDENHERSH, for Claimant.

NEIL F. HARTIGAN,Attorney General (WILLIAM E. WEBBER,Assistant Attorney General, and JAMES RADER, of counsel), for Respondent. CONTRAcrS-fraUd-bUrden of proof. It is well established in Illinois that the burden of proving fraud is on the party alleging the fraudulent conduct. 28

SAME-claim for services provided welfare recipients allowed. Claimant was allowed an award as payment for the services provided to welfare recipients from the time of the alleged “suspension” of the Claimant’s contract to provide such services until the time of the actual termination, since the State’s contention that the Claimant was guilty of fraud was not supported by the evidence, and the continued conduct of business after the “suspension”constituted an acknowledgment by the State that the services in question were provided at the State’s request.

HOLDERMAN, J. This suit involves the claim of Margaret Tzinberg, assignee of the claim of Gem Superdrugs Incorporation, d/b/a Gem Rexall Drugs (GEM) against the State of Illinois Department of Public Aid (IDPA) for payments on prescriptions allegedly furnished to recipients of public aid in conjunction with the Public Aid Medical Plan. GEM alleges that it furnished prescriptions in the amount of $65,359.24 to public aid recipients for which it was never paid. IDPA alleges two defenses-first, that the claims submitted to IDPA for these prescriptions were fraudulent; and second, that GEM was suspended from participation in the public aid program as of July 2, 1974, and that therefore any billings subsequent to that date are not allowable. The facts of the case show that GEM was owned by a pharmacist by the name of Jack Tzinberg. Tzinberg entered into an agreement with IDPA on January 30, 1969, under the auspices of the Medical Assistance Program of IDPA to provide pharmaceuticals to recipients of public aid. Under the terms of this program, pharmacists who have been approved by the IDPA are entitled to be reimbursed for pharmaceuticals that they dispense to public aid recipients so long as they file a claim for the pharmaceuticals in a manner prescribed by the IDPA. The rules and regulations of the IDPA, as well as the billing procedures, are set out in the manual sent by IDPA to participating pharmacies. The 29 terms of the agreement between GEM and IDPA provide that the agreement may be terminated by the pharmacy or by IDPA at any time upon written notice. During the year 1974, Tzinberg was the general manager of GEM. The business was dissolved in 1979, and the only shareholder was Tzinberg’s wife, Margaret Tzinberg. By virtue of this status, Margaret Tzinberg acquired her position as assignee of the claim of GEM. Tzinberg testified that during the year 1974, GEM dispensed pharmaceuticals to public aid recipients for which they were not reimbursed in the amount of $65,359.24. Tzinberg testified these claims were all proper, they were not fraudulent, they were submitted in compliance with proper IDPA procedures, and they were submitted in compliance with procedures that had previously been approved by IDPA. Tzinberg acknowledged, however, that GEM had received a telegram from the director of the Department of Public Aid on July 2, 1974, stating that: “This telegram will serve as notification that until further notice the Illinois Department of Public Aid is suspending payment to the above named drug store as a result of significant irregularities discovered during the preliminary investigation.” Furthermore, Tzinberg acknowledged the receipt of a letter dated July 22, 1974, which stated: 1 “This is to notify you that GEM Rexall Pharmacy is suspended from participation in the Department of Public Aids medical assistance program effective with the date of your receipt of this letter.” Claimant has argued throughout this case that these documents should have no effect. Claimant’s position is that the term “suspension” did not give GEM adequate notice that it was terminated from the program. Tzinberg admitted, however, that upon receipt of the telegram he immediately contacted the Illinois Pharma- 30 ceutical Association to determine whether he should continue filling prescriptions. The amounts involved in this matter are $43,049.37, which is the amount billed after July 2, 1974, and $22,309.87, which is the amount billed prior to July 2, 1974. Respondent has raised the issue of fraud as a defense to payment of these bills. It is well established in Illinois that the burden of proving fraud is on the party alleging the fraudulent conduct. Cole v. Zgnatius (1983), 114 Ill. App. 3d 66,448 N.E.2d 538. Respondent produced seven witnesses at the trial in an effort to prove fraud. The witnesses, in the opinion of the Court, did not establish fraud. There is a notation to the effect that Claimant was fined on a fraud charge. The evidence in the record indicates that the fraud allegations were made in reference to events in 1973 and the indictment was in 1976. Claimant states there were important witnesses who were no longer available and they had not been informed exactly what the accusations were. Claimant alleges that Mr. Tzinberg was suffering from cancer and underwent surgery for the removal of the same, and that because of his ill health and in order to avoid further acceleration of his illness, they agree that the Court make a finding on the fraud charges. Claimant further alleges there was no element whatever of any admission of fraud in the disposition of the charges, and that fraud was specifically denied by Claimant. Claimant cites as a defense of her position the case of McCottreZZ v. Benson (1961), 32 Ill. App. 2d 367, 178 N.E.2d 144. This case states that a plea of guilty in a criminal proceeding is admissible as an admission 31 against interest in civil proceedings arising from the same events; however, a record of a conviction is not admissible. Claimant also cites the case of Cogdill v. Durham (1976),43 Ill. App. 3d 940,358 N.E.2d 6, which states that even when a plea of guilty is admitted in a civil case, the affected party is entitled to offer an explanation of the plea of guilty, in diminution of the weight of the admission, which is to be considered along with all of the other evidence. This Court is of the opinion that the fraud charge is not supported by the evidence submitted by Respondent. One of the most important elements in this case, in the opinion of the Court, is that after the two notices to Claimant in July, business continued as before between Claimant and Respondent, and it was not until the letter of November 22, 1974, that the termination became effective. This seems to be a clear acknowledgment that Claimant did not consider the July letter and telegram to terminate the contract and the effective date was No- vember 22, 1974. It is acknowledged that the items for which Claimant is attempting to collect were furnished at the request of Respondent and the orders were filled by Claimant as they had done in the past. This, in the opinion of the Court, is very clear evidence that Respondent did not believe that the letter and telegram sent to Claimant in July were effective in terminating the contract. It is the opinion of the Court that Claimant is entitled to an award in the amount of $55,346.21, the total amount of payments due Claimant from January 1974 to November 1974, the actual termination date of the contract. 32

(No. 80-CC-0298-Claimant awarded $10,000.00.)

HARDY LEWIS, Claimant, 2). THE STATE OF ILLINOIS, Respondent. Opinion filed July 3,1986.

GERALD C. BENDER, for Claimant.

NEIL F. HARTIGAN, Attorney General (JOHN R. BUCKLEY, Assistant Attorney General, of counsel), for Respondent. STiPuLATioNs-prisoner-personal injuries-stipulation-award granted. In the matter of a claim arising from personal injuries sustained while the Claimant was a prisoner at a Department of Corrections facility, an award was granted based on the stipulation of the parties, since the record established that the stipulation appeared to have been entered into with full knowledge of the facts and law and was for a just and reasonable amount.

MONTANA, C.J. This cause comes before the Court on the parties’ joint stipulation settlement which states: This claim arises from personal injuries that occurred to the Claimant when he was a prisoner at a facility owned and operated by the State of Illinois Department of Corrections. The parties have investigated this claim, and have knowledge of the facts and law applicable to the claim, and are desirous of settling this claim in the interest of peace and economy. Both parties agree that an award of $10,000.00 is both fair and reasonable. Claimant agrees to accept, and Respondent agrees to pay Claimant $10,000.00 in full and final satisfaction of this claim and any other claims against Respondent arising from the events which gave rise to this claim. 33

The parties hereby agree to waive hearing, the taking of evidence, and the submission of briefs. This Court is not bound by such an agreement but it is also not desirous of creating or prolonging a controversy between parties who wish to settle and end their dispute. Where, as in the instant claim, the agreement appears to have been entered into with full knowledge of the facts and law and is for a just and reasonable amount, we have no reason to question or deny the suggested award. It is hereby ordered that the Claimant be awarded $10,000.00, in full and final satisfaction of this claim.

(No. 80-CC-0973-Claim dismissed.)

PATRICIA RUTLEDGE, Claimant, u. THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS AND THE STATE OF ILLINOIS, Respondents. Order on motion to dismiss filed Ianuary 19,1983. Order on motion to dismiss filed January 26,1983. Order filed May 13,1987.

FRANK J. MACKEY,JR ., for Claimant.

BAKER & MCKENZIE,for Respondents. NEGLIGENCE-medical malpractice-stipulation-cause dismissed. Based on a stipulation of the parties, the Court of Claims dismissed with prejudice and without costs to either party, the Claimant’s action alleging wrongful acts by a State hospital. ORDER ON MOTION TO DISMISS

HOLDERMAN, J. This matter comes before the Court upon motion of 34

Respondent to dismiss and Claimant’s objections to said motion. Respondent’s motion sets forth that Claimant’s complaint lists the dates of February 25, 1977, through July 28, 1978, as being the period of time when the University of Illinois Hospital allegedly performed the various wrongful acts constituting negligence against Claimant. The latest date listed in the complaint upon which an act of negligence could have occurred is July 28, 1978. Respondent’s motion sets forth that a suit arising out of the same period of hospitalization and the same injuries in the Circuit Court of Cook County, Illinois, styled Rutledge v. Dow Corning, 81 L 4304, in response to a demand for a Bill of Particulars filed by the Dow Corning Corporation, Claimant stated she underwent corrective surgery for the negligence previously alleged on July 28, 1978. Respondent’s motion further states that if Claimant was receiving corrective surgery on that date, she must have had some injury prior to that time. Respondent’s motion states that Claimant did not file a notice of claim until April 18, 1979, nearly nine months after the corrective surgery in question, and if she had corrective surgery on that date, she must have known about it previously and, therefore, the notice she filed was too late. Respondent states that while the suit in the Circuit Court of Cook County was filed on February 23, 1981, the Court has never been formally notified of the existence of this action. Respondent’s motion states that the complaint of Claimant listed five separate incidents between February 25, 1977, and July 28, 1978, when surgery was performed upon Claimant, and that nowhere in the complaint is it stated whether the alleged 35 malpractice involves some, all or any of the particular operations mentioned. It is hereby ordered that Respondent’s motion to dismiss be, and the same is, granted, and this cause is dismissed.

ORDER ON MOTION TO DISMISS

HOLDERMAN, J. This cause comes on to be heard on the motion of Respondents to dismiss and objections to said motion by Claimant. The Court being fully advised of the premises and oral argument having been waived by both parties, it is hereby ordered that the complaint and amended complaint of Claimant be, and the same are, dismissed and held for naught for said Claimant’s failure to comply with the prerequisites of the Court of Claims Act, the Court of Claims rules and the statutes of limitations. Said dismissal is and shall be with prejudice and any action hereinafter filed by Claimant Patricia Rutledge against said Respondents shall be forever barred.

ORDER

HOLDERMAN, J. Pursuant to stipulation by and between the parties hereto, and it appearing to the Court that all costs have been paid and all matters in controversy for which said action was brought have been fully compromised, settled and adjourned; It is hereby ordered, adjudged and decreed that the above-entitled action be, and the same hereby is, .. 36 dismissed with prejudice and without costs to either party.

(No. 81-CC-0410-Claimants awarded $382,420.64.)

JOHNSON COUNTY ASPHALT, INC., THE KNP CORPORATION, FRANK NUTTY, INC., and PAUTLER BROTHERS CONTRACTORS, INC., Claimants, v. THE STATE OF ILLINOIS, Respondent. Opinion filed February 24,1987.

DUBAIL,JUDGE , KILKER, O’LEARY& SMITH, for Claimants.

NEIL F. HARTIGAN, Attorney General (WILLIAM E. WEBBER, Assistant Attorney General, of counsel), for Respondent. CoNmAcrs-no right to additional compensation unless delays solely caused by State. The general rule is that a contractor is bound by contract’s damage provisions, and unless the State is solely responsible, the contractor has no right to additional compensation for delays preventing timely completion of the contract, but where the State is the sole cause of the delays, the contractor is entitled to damages for his increased costs. SAME-dekZyS caused by State-indirect costs allowed. When the State causes delays in the completion of a contract, then even the indirect costs, not previously included in any change order issued by the State, are recoverable by the Claimant contractor. SAME-highway construction contract-delays caused partidy by State errors-award granted. Where the record established that the delays in the timely completion of a construction contract for a highway was partially caused by the miscalculations of the State, the Claimant contractor was allowed a percentage of the claim which was filed for additional costs incurred due to the State’s errors.

MONTANA, C.J. This action was brought by the Claimants for damages allegedly caused by Respondent’s breach of contract between Claimants and the Illinois Department of Transportation for the construction of a portion of Interstate Route 55 in McLean County, Illinois. 37 Claimants are individual contractors who formed a joint venture to carry out the construction provisions of the contract. Hearings were held before Commissioner Robert J. Hillebrand. The parties have filed their briefs and Commissioner Hillebrand has duly filed his report, so the matter is now before the Court for a decision.

The facts in this claim are largely undisputed. On June 26, 1973, Claimants entered into a contract with Respondent that provided for Claimants to construct a section of Interstate 55. Interstate 55 in the area of construction was to replace U.S. Route 66. The construction schedule provided that traffic would use a portion of U.S. Route 66 while the corresponding portion of 1-55 was under construction.

During the course of excavation and construction, numerous delays occurred. These delays extended the contract completion by a total of 167 days. As a result of these delays, Respondent adjusted the total contract price based upon a claim submitted administratively to the Department of Transportation. The parties reached an agreement whereby Claimants would be compensated for their direct costs which could be allocated to the delays. These were based upon the provisions of the Department’s standard specifications for road and bridge construction then in effect, which were part of the contract documents. However, a portion of the administrative claim was not allowed by the Depart- ment because the contract documents and specifications do not expressly allow for such expenses. That portion was for general and administrative overhead costs incurred by Claimants during the operation of the construction project which are not directly attributable to the costs on the job. These include such expenses as utilities at home offices, secretarial and office personnel, 38 postage, bookkeeping and accounting, taxes, contributions, and insurance, to name but a few. The total amount of this claim is $504,807.11. The general rule is that the contractor is bound by the damage provisions of the contract and has no right to additional compensation for delays which prevent the contractor from completing the contract unless the delays are the sole responsibility of the State. (Walsh Construction Co. v. State (1964), 24 Ill. Ct. C1. 441.) If delays are caused by the State, including delays resulting from bid plans and specifications prepared in error by the State, then the contractor is entitled to damages for his increased costs resulting from the delays. Egixii Electric, Znc. v. State (1978), 32 Ill. Ct. C1. 93; Warchol Construction Co. v. State (1979), 32 Ill. Ct. C1. 679. There was one significant cause for delay. It resulted from two errors made by the State engineers who prepared the plans and specifications, both of which errors were admitted by the State in testimony and in communications received into evidence. These impacted upon the time needed to complete excavation of the roadbed and construction of overpasses. In order to construct the roadbed for 1-55, the plans called for Claimants to secure dirt from other areas and also to use dirt below the existing U.S. Route 66. The first error by the State in determining the quantity of dirt available to Claimants was in the “shrinkage factor.” “Shrinkage” occurs when dirt is moved to the construction site from a site away from the construction area. It is dependent upon the type of dirt, the size of the cut from which the dirt is taken and the distance the dirt is transported. The State estimated this shrinkage factor at 154;. The field experience proved that in fact 39 shrinkage was over 30%. Because of the size of the project, this created a demand for much more dirt than was originally provided by the State.

The second error involved use of dirt below the existing U.S. Route 66 roadbed. The plans called for Claimants to utilize this dirt during phases of the project. However, because the contract also required U.S. Route 66 to remain open to traffic during construction of 1-55, this dirt was not available from the areas of U.S. Route 66 adjacent to the construction site as the State plans had anticipated. As a result of both of these errors, dirt for construction had to be found in other areas and transported over longer distances. Not only did the State admit its plans were in error, but it also admitted this shortage of dirt forced Claimants to perform work well beyond the original scope of the contract and further admitted such shortage of dirt could not have been anticipated by Claimants at the time they bid on the contract. Therefore, the delays caused by this problem are solely attributable to Respondent, and Claimants are entitled to damages caused from such delays.

Claimants have also alleged delays caused by what they term drainage errors, an omitted connection, an error in quantities of certain stone, an error in a working day charged against Claimants, and an erosion problem. However, taking the evidence as a whole, the Court finds that these errors were not caused solely by the State but rather should have been predicted by Claimants when they submitted their bid. Claimants failed to produce evidence that these delays were caused by State errors or negligence other than Claimants’ allegations that such was the case. These latter problems contributed 35 days to the total of 167 days’ delay. Therefore, 79%of the total delay, or 132 days, is the sole responsibility of the State. 40

The State’s position is that only those damages already given administratively for direct costs under the provisions of the standard specifications can be allowed. However, when the delays are occasioned by Respon- dent, then even these indirect costs, not previously included in any change order issued by Respondent, are recoverable. Pora Construction Co. v. State (1984), 37 Ill. Ct. c1. 54. In order to determine the amount of indirect overhead charges attributable to this project, Claimants prorated these expenses as a portion of the total overhead costs for all jobs in progress during the delay time. The total cost for this project was 38.766%of the total of all job costs. We find this to be a fair and reasonable formula of allocation. However, we do not find that all individual claimed items of overhead should be attributable to the indirect expenses. The following items are not reasonably part of overhead which should be included as contributing to expenses for this project: Contributions $ 1,073.87 Mobilization 40,922.28 Partners intercompany interest 9,376.59 Sales and use taxes 2,089.95 Total $53,462.69 This finding is based upon the testimony of Claimants’ accountant, who prepared the summary of indirect costs and who admitted during cross-examination that he could not connect these expenses in any way to the 1-55 contract. The total overhead expenses for Claimants during the delay time was $1,302,177.44.Subtracting the above items of $53,462.69, we find that $1,248,714.75 of total overhead costs were incurred by Claimants during the project delay. 41 The 1-55 project’s portion of the overhead costs in comparison to the total overhead costs for all projects during the delay is 38.766%or $484,076.76. Since 79%of the total delay in the project was caused by the State alone, 79% of $484,076.76, or $382,420.64, is the total amount of the damages due from the State. Wherefore, it is hereby ordered that the Claimants be, and hereby are, awarded the sum of $382,420.64 in full and final satisfaction of this claim.

(No. 81-CC-0489-Claim denied.)

K.S.M. SHEET METAL Co., a corporation, Claimant, 0. THE STATE OF ILLINOIS, Respondent. Opinion filed November 14,1986. Order on objection to petition for rehearing filed April 6,1987.

PESSIN, BAIRD & WELLS (STUART I. PESSIN,of counsel), for Claimant.

NEIL F. HARTIGAN, Attorney General (WILLIAM E. WEBBER, Assistant Attorney General, of counsel), for Respondent.

MECHANICS’ LIENS-Mechanic’s Liens Act is to be strictly construed. The failure of a Claimant to abide by the provisions of the Mechanic’s Liens Act will result in the loss of any rights to a lien and of all remedies under the Act, since the Act is to be strictly construed. SAME-claim by subcontractor denied-failure to strictly comply with Mechanic’s Liens Act. In the matter of a subcontractor’s action to enforce a mechanic’s lien claim on a public improvement, the Court of Claims denied the claim, since the evidence established that the Claimant failed to timely perfect its lien under the Mechanic’s Liens Act by filing the required suit for accounting. 42 POCH,J. Claimant K.S.M. Sheet Metal Co. brings this action to enforce a mechanic’s lien claim on a public improvement for the State of Illinois under section 23 of the Mechanic’s Liens Act (the Act). (Ill. Rev. Stat. 1977, ch. 82, par. 23.) Claimant was a sub-subcontractor of F.E. Holmes and Son Construction Co., the general contractor on a project funded by the Illinois Capitol Development Board (CDB). The project involved the construction of a public improvement in Sesser, Illinois. Holmes subcontracted a portion of the project to Illinois Erectors, Inc., which in turn subcontracted roofing work to Claimant. The undisputed amount of the claim is $8,345.45. In 1978, after Claimant had completed its subcon- tracting work and because Illinois Erectors had failed to pay Claimant, Claimant filed suit in the circuit court of St. Clair County, Illinois, against Illinois Erectors, Inc. to collect on its contract sum. While this suit was pending, Claimant discovered that CDB was still holding funds due to Holmes. Therefore, on May 8, 1979, Claimant filed with CDB a sworn statement of its claim for lien under section 23 of the Act. Sometime in June 1979, Claimant’s attorney telephoned the office of the project manager for CDB, Thomas McCue, to attempt to ascertain the status of the funds being held by CDB on the project. Claimant’s attorney testified that McCue advised him that the funds had been paid out in full about one week previously. As a result of that information and having then concluded that further pursuit of the claim for lien against the State was impossible, Claimant’s counsel did not file a suit for accounting against the contractor having the contract with the State (Holmes) 43 and the contractor to whom Claimant furnished its material and labor (Illinois Erectors). No copy of any complaint including the complaint already pending in the circuit court of St. Clair County, was ever served upon CDB. Holmes was not made a party to the circuit court action until April 3, 1980.

McCue testified that, while he does not specifically recall his telephone conversation with Claimant’s counsel, it was his responsibility to only approve vouchers and forward them to the CDB accounting department. It was his practice that, if an inquiry regarding payment was made, he would contact the accounting department to determine whether the voucher had been paid. Evidence from CDB accounting department records disclosed that on June 22, 1979, McCue approved a voucher for payment to Holmes of $44,011.44, which represented the retainage on the Sesser project and which was the final balance due to Holmes. After the voucher reached the CDB accounting department, that department reviewed the voucher against any outstanding lien claims, found the claim filed by Claimant on May 8,1979, and amended the voucher to provide a payment of $35,665.99 to Holmes and a withholding of $8,345.45, the amount of Claimant’s lien statement. This balance was then held by CDB pending receipt of a certified copy of the complaint for accounting on the lien claim amount. On August 28, 1979, because such complaint had not been received by CDB, a new voucher for $8,345.45 was approved; and on September 12, 1979, that amount was paid by the State to Holmes.

Claimant’s suit was filed in this Court on September 10, 1980. Claimant seeks recovery on the ground that McCue’s alleged misrepresentation that all funds had 44 been paid by CDB in June 1979, notwithstanding the proper filing with CDB of the statement of claim for lien on May 8,1979, excused Claimant from filing the suit for accounting and serving a certified copy of the complaint upon CDB within the time required by section 23 of the Act. At the time Claimant’s right to claim a lien arose, section 23 of the Act provided that Claimant, as a subcontractor to Holmes: “. . . may have a lien on the money, bonds or warrants due or about to become due the contractor having a contract with the State under the contract, by filing with the Director, whose duty it is to let such contract, a sworn statement of the claim showing with particularity the several items and the amount claimed to be due on each; but such lien shall attach to only that portion of the money, bonds or warrants against which no voucher has been issued and delivered by the State. The persons so claiming a lien shall, within sixty (60) days after filing such notice, commence proceedings by complaint for an accounting, making the contractor having a contract with the State and the contractor to whom (claimant was subcontracted), parties defendant, and shall, within the same period notify the Director of the commencement of such suit by delivering to him a certified copy of the complaint filed. . . . It shall be the duty of the Director, after the sworn statement has been filed with him, to withhold payment of a sum sufficient to pay the amount of such claim, for the period limited for the filing of suit, unless otherwise notified by the person claiming the lien. Upon the expiration of this period the money, bonds or warrants so withheld shall be released for payment to the contractor unless the person claiming the lien shall have instituted proceedings and served the Director with the certified copy of the complaint as herein provided, in which case, the amount claimed shall be withheld until the final adjudication of the suit is had. . . . Any officer of the State. . . violating the duty hereby imposed upon him shall be liable on his official bond to the claimant serving such notice for the damages resulting from such violation, which may be recovered in a civil section. . . .” Ill. Rev. Stat. 1977, ch. 82, par. 23. It is not disputed that CDB, upon receipt of Claimant’s notice of claim for lien, withheld from Holmes “a sum sufficient to pay the amount of such claim for the period limited for the filing of suit.” The claim was served upon CDB on May 8, 1979. The Act 45 required that CDB therefore hold the sum ($8,345.45) for 60 days, or until at least July 7, 1979. In fact, CDB held the sum until August 28, 1979, since the practice by the CDB accounting department at that time was to withhold any sum claimed due by notice of lien for at least 90 days to allow for adequate notice of the required suit for accounting. No suit for accounting was filed by Claimant during the time required. Claimant argues that, because McCue told Claimant’s attorney in June 1979 that all funds had been paid, the State is estopped from raising as a defense the failure of Claimant to perfect its lien by filing suit and serving a certified copy on CDB within the 60-day statutory period. This argument must fail. While Claimant’s attorney was uncertain as to the exact date in June 1979 he spoke with McCue, it is clear that it was at least three weeks after the service of the notice of Claimant’s lien, which occurred on May 8, 1979. Therefore, when Claimant’s attorney was told at that time in June that CDB had disbursed all the Sesser project funds in full about one week before the phone call (if such had been true), Claimant still had a remedy available under the statute-namely, suit against the appropriate State officer on his official bond-because such disbursement would have occurred within 60 days after the service of notice. However, Claimant’s duty at that time in order to perfect its lien and then to avail itself of its statutory remedy, was to file its suit for accounting and serve a certified copy of its complaint, all in a timely manner. Failure to do so not only eliminated the remedy on the official’s bond which it could have pursued under the facts it mistakenly believed existed (see Wilbur Waggoner Equipment Rental G Excavating Co. v. Johnson (1975), 33 Ill. App. 3d 358, 342 N.E.2d 266), but also ironically eliminated 46 the lien against the public funds stiU actually being held by CDB, as the lien becomes void if the accounting suit is not filed and served within the statutory time. The Act is to be strictly construed, and the failure of Claimant to abide by its provisions results in the loss of any rights to a lien and of all remedies under the Act. (D.D. Kennedy, Znc. v. Lake Petersburg Association (1964), 54 111. App. 2d 85, 203 N.E.2d 145.) The Court finds that it was the failure of Claimant to file its suit for accounting and thereby preserve its lien, and not any action by the Respondent, which caused Claimant’s lien rights in the Sesser project funds to be lost. Based on the foregoing, it is hereby ordered that this claim be and hereby is denied. ORDER ON OBJECTION TO PETITION FOR REHEARING POCH,J. This cause coming on to be heard upon the Respondent’s Objection to Claimant’s Petition for Rehearing and the Court being fully advised in the premises finds this petition to be denied. 47

(No. 81-CC-0547-Claim denied.)

PAUL W. TEDDER, Claimant, 0. THE STATE OF ILLINOIS, Respondent. Opinion filed April 8,1987.

PAUL W. TEDDER, pro se, for Claimant.

NEIL F. HARTIGAN, Attorney General (SUE MUELLER, Assistant Attorney General, of counsel), for Respondent.

PRISONERS AND INMATES-inmate’s property-state’s duty. The State has a duty to exercise reasonable care to safeguard and return an inmate’s property when that property is taken into the State’s actual physical possession during transfers from one institution to another or when the institution issues a receipt for certain property. BAlLMENT-bailment may arise by operation of low. A contract, actual or implied, is not always necessary to create a bailment, since a bailment may arise by operation of law when a person lawfully acquires the personal property of another and holds it under circumstances whereby he ought to keep it safely and restore it to the owner, regardless of the lack of mutual assent to such a relationship.

SAME-ZOSS of property-presumption of negligence. The loss or damage of bailed property while in the possession of the bailee raises a presumption of negligence which must be rebutted by the presentation of evidence of due care by the bailee, but this rule does not shift the ultimate burden of proof, since it merely shifts the burden of going forward with the evidence.

PRISONERS AND INMATES-inmate’S radio lost-bailment not established-claim denied. An inmate’s claim for the loss of his radio when he was taken to a segregation unit without his personal property was denied, since the inmate failed to present a sworn affidavit of his cellmate which would have established that the radio was given to a correctional officer, therefore no bailment was established.

PATCHETT, J. The Claimant in this case was an inmate in an Illinois penal institution. He brought this action to recover the value of certain items of personal property which he allegedly possessed while incarcerated. Claimant contends that the property in question was lost while in the actual physical possession of the State of 48 Illinois, and that the State of Illinois is liable as a bailee for the return of that property. This Court has held in Doubling v. State, 32 Ill. Ct. C1.l, that the State has a duty to exercise reasonable care to safeguard and return an inmate’s property when it takes actual physical possession of such property. An example of this would be the transfer of an inmate between penal institutions or when the institution issues a receipt for certain property. Bailment is ordinarily a voluntarily contractual transaction between bailor and bailee. However, various types of constructive or voluntary bailments have been recognized. An example arose in the case of Chesterfield Sewer G Water, lnc. v. Citizens Insurance Co. of New Jersey, 57 Ill. App. 2d 90,907 N.E.2d 84. In Chesterfield, the Court quoted from another case, Woodson v. Hare, 244 Ala. 301, 13 So.2d 172,174, as follows: “An actual contract or one implied in fact is not always necessary to create a bailment. Where, otherwise than by mutual contract of bailment, one person has lawfully acquired the possession of personal property of another and holds it under circumstances whereby he ought, upon principles of justice, to keep it safely and restore it or deliver it to the owner, such person and the owner of the property are, by operation of law, generally treated as bailee and bailor under a contract of bailment, irrespective of whether or not there has been any mutual assent, express or implied, to such relationship.” The loss or damage to bailed property while in the possession of the bailee raises a presumption of negligence which the bailee must rebut by evidence of due care. The effect of this rule is not to shift the ultimate burden of proof from the bailor to the bailee, but simply to shift the burden of going forward with the evidence to the bailee. Bell v. State, 32 Ill. Ct. C1. 664; Bargas v. State, 32 Ill. Ct. C1. 99; Rornero v. State, 32 Ill. Ct. C1. 631; Moore v. State (1980), 34 Ill. Ct. C1. 114. The facts in this case indicate that the Claimant was 49 taken to the segregation unit without his personal property. After being placed in the segregation unit, he inquired about his property. When he finally received that property, he found that his radio was missing. Correctional officers were unable to determine the whereabouts of the radio. However, the Claimant was unable to obtain a sworn affidavit from his cellmate who, the Claimant advised, would have testified that the radio was given to an unidentified correctional officer. Since the Claimant was unable to obtain such an affidavit, he was unable to establish by any evidence that his missing personal property ever came into exclusive possession of the Respondent’s correctional officers. Therefore, the burden of going forward with the evidence did not shift to the Respondent. Because of these facts, the Claimant’s claim should be denied. Therefore, this claim is hereby denied.

(No. 82-CC-0222-Claim denied.) I HERBERT NANCE, Claimant, v. THE STATE OF ILLINOIS, I Respondent. Opinion filed April 8,1987.

HERBERT D. NANCE, pro se, for Claimant.

NEIL F. HARTIGAN, Attorney General (WILLIAM WEBBER, Assistant Attorney General, of counsel), for Respondent. I PRISONERS AND INMATES-escaped inmates-Claimant’s car damaged- negligence not proued-claim denied. The Court of Claims denied a claim for damages to an automobile which was stolen by two youths who escaped I 50 from a State correctional center, since the Claimant failed to meet his burden of proving that the damage was the result of the State’s negligence, and the State is not an insurer and there is no absolute liability in the case of damages caused by escaped prisoners.

PATCHETT, J. This case comes on for hearing on a claim for damages regarding a stolen automobile. The Claimant claimed that his car was stolen the night of October 22, 1980, by two youths who escaped from the Dixon Springs Correctional Center. The youths were apprehended in Springfield, Illinois, and the Claimant’s car was found not far from the apartment where the boys were apprehended. The Claimant sought damages in the sum of $717.66 for damages to his automobile. The amount of damages to his car was not seriously contested. However, at the hearing held on July 14, 1982, the Claimant clearly failed to meet his burden of proof that the State was negligent. A long line of cases in this Court require that there be proof of the State’s negligence before an award can be made. The State is not an insurer, and there is no absolute liability in the case of escaped prisoners. See American States v. State, 23 Ill. Ct. C1. 47; VoZZ v. State, 33 111. Ct. C1. 201; and PauZus v. State, 24 Ill. Ct. C1. 215. For the reasons stated above, we hereby deny this claim. 51

(No. 82-CC-0243-Claimants awarded $11,200.00.)

RANDY GATLIN, Individually, and KATHLEEN GATLIN, as Mother of Travis Gatlin, Claimants, v. THE STATE OF ILLINOIS, Respondent. Opinion filed November 21,1985. Order on motion seeking interest filed November 24,1986.

ARMSTRONG LAW OFFICES (TAD ARMSTRONG, of counsel), for Claimants.

NEIL F. HARTIGAN, Attorney General (WILLIAM E. WEBBER, Assistant Attorney General, of counsel), for Respondent.

HIGHWAYS-when posting of signs after accident is admissible. Evidence concerning the posting of warning signs at the site of an accident after the occurrence is relevant and admissible on the issue of whether alternative measures of safety were available to the State. SAME-state’s duty to post warning signs. Even though the State is not an insurer of the safety of persons in the lawful use of State highways, the State has a duty to give warning of dangerous conditions of which it has either actual or constructive notice by erecting proper and adequate signs. SAME-automobib accident-gravel pde on abandoned highway- claim allowed. The Court of Claims granted an award for the injuries sustained by the Claimants, father and son, when their automobile struck a pile of gravel which the State had placed on a portion of an abandoned highway which was being used as a service road, since there was no evidence that the Claimant father was doing anything illegal when he entered the service road, notwithstanding the State’s claim he was speeding or “drag racing,” and the evidence did establish that the State was negligent in failing to erect signs warning of the dangerous condition. INTEREST-UUtOmObde accident-inadequate warning signs-interest on award denied. In an action arising from an automobile accident which occurred when the Claimants’ car struck a pile of gravel which had been placed on a service road without adequate warning signs, the Court of Claims denied the Claimants’ motion seeking interest on the awards granted, since interest is only recoverable against the State when there is a specific statutory provision for the award of interest. POCH,J. This claim arises from an automobile accident which occurred on May 22, 1981, in Madison County, Illinois. Claimant, Randy Gatlin, alleges he and his minor 52 son, Travis Gatlin, were injured when Claimant’s automobile struck a pile of gravel which covered the width of the roadway and which had been placed there by the Illinois Department of Transportation (IDOT). Claimant alleges the State was negligent for failing to properly warn motorists of the existence of the gravel pile. The claim for the injuries to Travis is brought through Kathleen Gatlin, Travis’ mother. Kathleen and Randy Gatlin are divorced, and Kathleen is the custodial parent. This claim was heard before a Commissioner of this Court. Claimant testified that about 1O:OO p.m. on May 22, 1981, he was driving north on Illinois Route 111 near Pontoon Beach, Illinois. He and his son, Travis, age four years, were returning from a miniature golf course and were on the way home. Claimant’s intention was to turn east onto an intersecting road known as Chain of Rocks Road, which led to Claimant’s home. Route 111 is a four- lane highway divided by a grassy median. The speed limit was 55 miles per hour. Claimant was driving in the lane nearest the median. Claimant testified that another vehicle, whose identity was unknown to Claimant, came up rapidly on the right of Claimant and stayed on Claimant’s side, thereby preventing Claimant from getting into the right lane in preparation for his right turn onto Chain of Rocks Road. Although Claimant slowed his vehicle, the second vehicle continued to slow along with Claimant and to block the right lane. Finally, Claimant increased his speed enough to pull in front of the second vehicle. By this time, however, Claimant was too close to the intersection to safely turn right at the speed he was traveling and thus continued past the intersection. Route 111 changes from a four-lane divided 53 roadway to a normal two-lane roadway north of the Chain of Rocks Road intersection. At the point where the merge occurs, a service road connects with the northbound lanes of the four-lane divided highway in such a fashion that, if a northbound vehicle fails to merge left into the two-lane roadway but rather proceeds straight ahead, he will cross onto the service road, which then lies parallel to the two-lane portion of Route 111. The service road was the old Route 111 roadway until the present roadway was constructed in 1963. This old roadway presently serves as an access for farmers to get into their fields lying on the east side of the State right-of-way. Claimant testified that, after he passed the intersection of Chain of Rocks Road on Route 111, the other car pulled alongside and slightly forward of Claimant’s car in the inside lane. As the two vehicles approached the lane reduction, this second vehicle forced Claimant’s car onto the old service road. Claimant continued along on this road in the hopes that there would be an exit off this road somewhere ahead onto Route 111, where he could then drive back to the intersection with Chain of Rocks Road. Instead, Claimant’s car struck a pile of dark gravel which was several feet in height and covered the width of the service road. Claimant testified that, because of the gravel and the surface of the road were the same color, he was unable to see the gravel until just before his car struck it. The impact caused both Claimant and his son to be thrown about inside the car, and both were injured. There were no signs of any kind before or after entering the service road which warned that the service road was not a through roadway or which warned of the gravel pile. The lane reduction was clearly marked and 54 signed, and Claimant admitted he knew the service road was not part of Route 111. Employees of IDOT testified that the gravel was kept at the end of the service road as a convenience for highway maintenance crews and was used for highway repair work. They further testified that no signs had been placed to warn motorists that the service road was not a through roadway or to warn of the existence of the gravel because IDOT considered the service road to be like a private driveway. IDOT had, however, posted “no parking” signs on the service road. IDOT testimony also claimed that there was no type of sign in its manual which applied or could have been used prior to the date of the accident to warn motorists about the gravel pile or which applied because the old roadway was a service road. Nevertheless, shortly following the date of the accident, IDOT posted a “deadend” sign and “road closed ahead” sign at the entrance to the service road and a “road closed” sign with reflectors in front of the pile of gravel. Such evidence is relevant and admissible on the issue of whether alternative measures of safety are available. Sutkowski v. Universal Marion Corp. (1972), 5 111. App. 3d 313,281 N.E.2d 749. Claimant testified that his car was traveling 40-45 miles per hour when he noticed the gravel pile. He immediately applied his brakes but was unable to reduce the car’s speed appreciably. Claimant’s car hit the pile and stopped partly up onto the south face of the pile with the front of the car facing upwards at an angle. Claimant and Travis got out of the car and walked a short distance along Route 111 before they were picked up by a motorist, who drove them to Oliver Anderson Hospital in Maryville, Illinois. Claimant was admitted 55 for treatment, and Travis was X-rayed and treated in the emergency room. Claimant telephoned a towing company to arrange to have his damaged car towed to a local garage. The tow truck operator first notified the Illinois State Police of the accident. Claimant testified that the investigating police officer interviewed Claimant at the hospital and that Claimant told the officer the same story about the other vehicle forcing him off Route 111 onto the service road. Illinois State Trooper Cernkovich testified that he was dispatched to investigate the accident. When he arrived at the scene, Claimant’s car was resting north of the gravel pile. The tracks of the car indicated it had gone up the south side of the gravel pile, which was 4 to 5 feet high, become airborne, and landed on the north side, where it came to rest. The pile’s length was about 12 to 15 feet. Cernkovich further testified that he interviewed Claimant the next day in the hospital. Claimant told Cernkovich Claimant had missed the turn at the Chain of Rocks Road intersection and had continued on to the service road. Claimant was looking in his rearview mirror when his car struck the gravel pile. Cernkovich, who had no independent recollection of the investigation and therefore testified from his report, stated that Claimant told him nothing about trouble with another vehicle. Cernkovich estimated the distance from the service road entrance to the gravel to be 400 to 500 feet. On cross-examination Cernkovich stated that the surface of the service road was weathered concrete and was I almost the same color as the gravel pile. I In Hout v. State (1966), 25 Ill. Ct. C1.301, Claimant Hout suffered damage to his vehicle when he struck a ~ rock pile which had been placed by the State across an

I 56 abandoned section of highway which was accessible to traffic on the south end by a graveled connection about 50 feet long to the new highway. The abandoned section of roadway was then used as a local access road. No signs warning of the rock pile or of the fact that the road was not a through roadway were present. In fact, all signs of any kind had been removed from the old roadway. In finding for Claimant, this Court stated: “There is no question but that respondent was negligent in placing a large pile of gravel across the width of a cement highway, little used as it may have been, without any warning signs, lights, or signals. This Court has long held that ‘although the State is not an insurer of the safety of persons in the lawful use of the highways, it is nevertheless under a duty to give warning by the erection of proper and adequate signs at a reasonable distance of a dangerous condition of which the State had notice either actual or constructive.’ ” The State argues that, because there were signs adequately directing traffic that Route 111 no longer ran over the service road, this was sufficient. However, such signs gave no warning that the service road was not a through roadway, nor did such signs in any way warn of the danger presented by the gravel pile. (Mammen v. State (1959), 23 Ill. Ct. C1. 130.) “A prudent and careful driver could not reasonably anticipate (the pile of gravel) in the darkness in the absence of warning signs or signals. Instead, he could reasonably assume that the cement highway would not end abruptly without warning.” (Hout,supra, at 304.) By placing “no parking” signs on the service road, the State allowed the Claimant and any other traffic to reasonably assume that the roadway was open to traffic, absent other warnings. The State also argues that, given the discrepancies between the testimony of Claimant and that of Officer Cernkovich, it is reasonable to assume Claimant was speeding or “drag racing” with the other vehicle and 57 drove onto the service road when he missed his turn because of this illegal activity. There is no evidence that Claimant was doing anything illegal while he was on the service road itself, and it is irrelevant why Claimant entered the service road, as it was not illegal to do so.

Even if Claimant’s car went over the gravel pile and came to rest on the north side, this is not in itself evidence that Claimant was speeding, as Claimant’s own testimony was that he had insufficient time to brake by the time he first saw the gravel pile. Moreover, if Claimant was looking in the rearview mirror when he struck the pile, because the pile was not visible at night and because the State had failed to warn Claimant to be alert for the pile- on the roadway, such action by Claimant was not negligence on his part, but rather a normal action by a driver under what appeared to be normal roadway conditions.

As a result of the accident, Claimant received a broken kneecap which healed without incident or disability. Travis, his son, suffered injuries to his teeth, which were not permanent in nature.

Claimant, Randy Gatlin, is hereby awarded the sum of ten thousand ($10,000.00) dollars and Kathleen Gatlin, mother of Travis Gatlin, as custodian parent and guardian is awarded the sum of twelve hundred ($1,200.00) dollars.

ORDER ON MOTION SEEKING INTEREST POCH,J. This cause coming before the Court on Claimant’s motion seeking interest. On November 21, 1985, the Court I entered awards totaling $11,200.00 to the Claimants. I I 58

The Court finds that Claimants’ request for interest is denied for the reason that the Illinois Supreme Court has held that interest is only recoverable against the State if it is specifically provided in a statute. City of Springfield v. Allphin (1980), 82 Ill. 2d 571, 413 N.E.2d 304.

(No. 82-CC-0775-Claim denied.)

EDWARD HARBOUR, Claimant, o. THE STATE OF ILLINOIS, Respondent. Opinion filed September 25,1986.

EDWARD HARBOUR, pro se, for Claimant.

NEIL F. HARTIGAN, Attorney General (JOHN R. BUCKLEY, Assistant Attorney General, of counsel), for Respondent. JuRIsDlnIoN-scope of jurisdiction of Court of Claims. The Court of Claims has exclusive jurisdiction to hear and determine claims against the State of Illinois founded on 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 expenses in civil litigation. PRISONERSAN D INMATES-action by inmate based on diet provided by Department of Corrections-no jurisdiction-claim denied. An inmate’s claim for monetary damages and directive orders based on the alleged failure of the Department of Corrections to provide him with a diet in compliance with certain medical orders was denied due to the Court’s lack of jurisdiction to issue orders to the Department of Corrections as to the diet to be served inmates.

HOLDERMAN, J. This is a claim filed by a resident of the Stateville Correctional Center requesting monetary damages for the alleged failure of the Department of Corrections to 59 follow medical orders with respect to his diet and requesting an order directing the Department of Corrections to follow all future medical orders with respect to Claimant. Claimant seeks to recover the sum of $15,000.00 for medical and mental damages due to the refusal of Respondent to follow doctor’s prescribed orders. Claimant has cancer and the doctor had prescribed that Claimant be given six (6) cans of a diet supplement called ENSURE. The record discloses that after a tonsillectomy in September 1979, the tonsillar material was found to be cancerous. The record also discloses that since 1979 Claimant has had many medical problems, some quite serious in nature. By-products of the cobalt treatments Claimant received were that his upper teeth became loose and had to be extracted, his salivary glands were burned so that he must continually carry liquid with him, and he has degenerative arthritis. Claimant became involved in a dispute with the institution’s food service director, Mrs. Morrison, over the availability of ENSURE, a nutritional supplement, and therefore this suit was filed. It appears from the testimony taken at the hearing in this matter that ENSURE is no longer an issue in this case. Claimant’s present area of concern is that because breakfast is served at 4:30 a.m., he eats only two meals a day, namely, lunch and supper, and buys extra food out of his own funds. At the hearing, Claimant introduced as evidence Exhibit 1, which was a list of foods purchased by him from October 7, 1982, through February 19, 1986, and asks to be reimbursed for these purchases in the approximate amount of $300.00. A Departmental Report, dated March 5, 1986, and 60 introduced into evidence as Respondent’s Exhibit 1, disputes that Claimant is in need of food over and above that furnished by the institution. It appears from the evidence that for some unex- plained reason, Claimant did not see fit to eat breakfast at the time it was served at the institution. The Commissioner’s Report in this matter calls attention to the fact that the Unified Code of Correc- tions specifically provides that all institutions and facilities of the Department of Corrections shall provide every committed person with a wholesome and nutritional diet at regularly scheduled hours. The jurisdiction of the Court of Claims is set forth in section 8 of the Court of Claims Act (Ill. Rev. Stat., ch. 37, par. 439.8), which provides, in part, as follows: “f8. The Court shall have exclusive jurisdiction to hear and determine the following matters: (a) All claims against the State founded upon any law of the State of Illinois, 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 expenses in civil litigation.” Claimant in fact is asking that the Court of Claims set itself up as a supervisory body to monitor the Department of Corrections’ compliance with the statutory provisions for feeding inmates. It is the opinion of this Court that the Court of Claims does not have the power to issue orders to the Department of Corrections as to the diet to be served inmates. It is the Court’s further opinion that Claimant has failed to prove his case. Claim denied. 61

(No. 82-CC-1723-Claimant awarded $15,000.00.)

TYRONE JOHNSON, Claimant, u. THE STATE OF ILLINOIS, Respondent. Order filed Apd 15,1987.

JERALD A. LAVIN, LTD., for Claimant.

NEIL F. HARTIGAN, Attorney General (RALANDA WEBB, Assistant Attorney General, of counsel), for Respondent.

JOHN J. TREACY, for Intervenor McKeown Transpor- tation.

STiPuLATIoNs-road defect-Claimant thrown about truck cab-back injury-award granted. Pursuant to a joint stipulation of the parties, an award was granted for the back injuries sustained by a truck driver when his truck struck a road defect and he was thrown about the cabin of the truck.

SOMMER, J. This cause comes on to be heard on the parties’ joint settlement stipulation and request for the Court’s approval, due notice having been given, and the Court being advised; On January 28, 1987, the parties to this action filed a joint settlement stipulation requesting our approval of an award in satisfaction of this claim. In pertinent part the parties stipulated as follows: 1. This is a tort action brought by Claimant, Tyrone D. Johnson, pursuant to sections 1 through 24 of the Court of Claims Act (Ill. Rev. Stat., ch. 37, pars. 439.1 through 439.24). 1 I 2. On or about May 3,1983, McKeown Transporta- tion Co., on behalf of CNA Insurance, filed a petition to I I intervene pursuant to the Workers’ Compensation Act. I 3. On or about October 1, 1980, Claimant was I driving a tractor-trailer vehicle on Interstate 57 in i 62

Iroquois County, Illinois, where, he alleged, he hit a road defect which caused him to be thrown about the cabin of the vehicle. 4. As a result of this incident, he suffered a herniated disc and thereby incurred damages in excess of the following amounts: A. Medical treatment - $ 7,142.81 B. Loss of income - 26,000.00 (annually) The most recent medical evaluation indicates that Claimant sustained permanent partial loss of use in both legs as a result of the incident. 5. A sum in the amount of $39,141.33 was paid to, or on behalf of Claimant, pursuant to the provisions of the Illinois Workers’ Compensation Act. 6. Claimant-Intervenor agrees in order to facilitate settlement of this claim without further trial to release Respondent from any and all liability. Claimant- Intervenor agrees that the amount of settlement is fair and reasonable and compromises its statutory lien, accepting in lieu thereof, the portion of the settlement agreed upon by the parties. 7. The Claimant, through his attorney, Jerald A. Lavin, and the Respondent, through its attorney, Neil F. Hartigan, Attorney General of Illinois, by Ralanda Webb, Assistant Attorney General, hereby stipulate, in compromise of the above-stated claim, to the entry of an award of fifteen thousand ($15,000.00) dollars in full satisfaction of this claim. This Court is not bound by such agreements but it does not choose to interpose controversy where none appears to exist. We will approve the settlement. 63

Wherefore, it is hereby ordered that an award of $15,000.00 (fifteen thousand dollars and no cents) be, and hereby is awarded in tkiis matter in full and final sa tisf action.

(No. 82-CC-1822-Claimant awarded $115,116.86.)

JAMES F. NEYLON, Claimant, 0. THE STATE OF ILLINOIS, Respondent. Order filed June 10,1985. Opinion filed December 19, 1986

EDWARD J. EGAN, LTD. (EDWARD J. EGAN, of counsel), for Claimant.

NEIL F. HARTIGAN, Attorney General (FRANCIS M. DONOVAN and MARY MULHERN, Assistant Attorneys General, of counsel), for Respondent.

PRACTICE AND PRocEDuRE-Claimant must exhaust administrative remedies. The Court of Claims Act and the Court of Claims Rules require that a Claimant must exhaust all of its remedies, legal and administrative, before pursuing its claim to final resolution in the Court of Claims. ~WR~sDIcrroN-~urisdict~onof court of claims is set by statute. No agreement of the parties should be able to confer jurisdiction on the Court of Claims, since the Court's jurisdiction is set by statute, and jurisdictional issues may be raised at any time by any party or the Court itself. STATE EMPLOYEES' BACK SALARY CLArMs-wrongful discharge-transfer of duties-reinstatement ordered. Where the Claimant was wrongfully discharged from a position with the Illinois Racing Board, and his former duties were abolished and reestablished in a different agency, the Claimant was entitled to reinstatement, notwithstanding the fact that there was no order by any administrative or judicial authority providing that the Claimant should be employed by the State and there was in effect a circuit court order denying reinstatement, since, in the interest of judicial economy, the Court of Claims concluded that the Claimant should have been allowed to reassume his duties at the agency to which they had been transferred. 64

DAMAGES-&St of certainty of damages. Damages are not rendered uncertain because they are uncertain in amount, as distinguished from those which are too uncertain to be recoverable because they are not the certain results of the wrong that has been committed.

STATE EMPLOYEES’ BACK SALARY CLAIMS-ZOSSof insurance benefits recoverable. In an action for back salary claims by a State employee, the loss of insurance benefits may be a compensable item of damages. SAME-wrongful discharge-stipulation-award granted on uncontested portion of amount claimed. Where the Claimant was wrongfully discharged from his position with the Illinois Racing Board, an award was granted for the uncontested portion of the amount claimed to be due, and the award was made subject to the appropriate additions and deductions. ORDER

MONTANA, C.J. The Claimant brought this claim seeking back wages and benefits allegedly due as the result of his being wrongfully discharged and the Respondent’s subsequent failure to reinstate him. Although much is at issue in this case, the record clearly shows that the parties agree that the Claimant is at least entitled to damages arising out of his wrongful discharge for the period of January 14, 1975, the day he was initially suspended, to July 16, 1976. Section 116 of the Personnel Code (Ill. Rev. Stat., ch. 127, par. 63blllb), provides as follows: “Every employee reinstated for the period for which he was suspended, discharged or improperly laid off shall receive full compensation for such period notwithstanding the fact that any person was employed to perform any duties of such employee during the time of such suspension, discharge or layoff. For purposes of this Section 116, full compensation shall mean such compensation such suspended, discharged or laid off employee would have earned in the position classification during the period of suspension, discharge or layoff less amounts earned by the employee from any other source and employment compensation benefits received during such period.” By joint stipulation admitted in evidence, the parties agreed that the Claimant would have earned $29,089.00 during the period from January 14, 1975, until July 16, 65 1976. We find that the Claimant met his responsibilities with respect to mitigation of his losses during that period. The record indicates that the Claimant received $9000.00 in unemployment compensation during this time. Pursuant to section 900D of the Unemployment Insurance Act (Ill. Rev. Stat., ch. 48, par. 490D), the awards of back pay in such circumstances are to be made jointly to the Claimant and to the director of the Department of Employment Security. Keeping with the policy and purpose of that statute it is this Court’s practice to include in the award the amount of unemployment compensation received, but pay it directly to the Department of Employment Security. The record also shows that the Claimant earned $3087.00 in mitigation of his losses during 1975 and $1360.00 during 1976. How much of that money earned in mitigation during 1976 was earned during the relevant time period is unclear. Because a certain portion of this claim is uncontested, due to the time involved in effectuating payment of awards made in this type of case, and to avoid further delay, we are deciding part of this case now and will enter our decision on the contested portion at a later date. It is hereby ordered that the Claimant be, and hereby is, awarded the gross amount of $24,642.00 subject to appropriate additions and deductions set forth in Appendix A compiled by the Clerk’s Office and attached hereto and incorporated herein, including a deduction of $9000.00 which is to be paid to the director of the Department of Employment Security. Because the amount earned in mitigation during the relevant time period in 1976 is unclear, we set off the entire amount earned in all of 1976 for the interim order. The parties 66 are hereby ordered to submit by stipulation to the Court a figure as to how much of that money earned in mitigation during 1976 was earned prior to July 16,1976, and we will take that into consideration if necessary in our later decision.

OPINION

MONTANA, C .J . This is a claim for back wages and benefits filed by a former employee of the Respondent. The relevant facts are as follows: The Claimant, James Neylon, became a certified employee of the Illinois Racing Board in 1962 as an Administrative Assistant 11. At that time the Illinois Racing Board administered the Illinois Bred Thorough- bred Program. The Claimant began to perform duties relating to the Illinois Bred Thoroughbred Program in 1963. In 1964, the Claimant’s position of Administrative Assistant I1 was abolished and reclassified to Executive I and Claimant was thereafter appointed to the classified position of Executive I. In 1973 the Claimant was assigned to the certified position of Executive 11. His position was described on an Illinois Racing Board organizational chart as “Illinois Bred Supervisor.” He continued in this position until January 14,1975, when he was suspended by William L. Masterson, the Secretary of the Racing Board. After a hearing, the Civil Service Commission ordered the Claimant’s discharge. The Claimant appealed his discharge pursuant to the provisions of the Administrative Review Act (Ill. Rev. Stat. 1975, ch. 110, par. 264 et seq.), to the circuit court of Cook County. On August 11, 1976, the circuit 67 court of Cook County in case No. 75 L 21490 reversed the order of the Civil Service Commission discharging the Claimant and ordered him reinstated to his position of Executive 11.

The Claimant thereafter received a memorandum from William Masterson informing him that he could not be reinstated to the position he held before his discharge because that position had been eliminated by the Department of Personnel and the duties he had performed previously had been transferred to the Department of Agriculture. The memorandum also stated that the Claimant could not return to his position because the General Assembly had not appropriated money for the position which had been eliminated.

The Illinois Racing Board then filed motions in the circuit court of Cook County seeking a rehearing and to vacate the order of August 11, 1976, in case No. 75 L 21490 which ordered the Claimant’s reinstatement. While the motions were pending the Claimant filed a mandamus suit in case No. 76 L 16386 seeking an order compelling various defendants to reinstate him in the position he held before his discharge. The Claimant also apparently filed a chancery action in the circuit court of Cook County in case No. 75 CH 3430 alleging that he was entitled to relocate with the Department of Agriculture under the provisions of the Department of Personnel Code.

On October 7,1976, the Racing Board, the chairman of the Civil Service Commission, the director of the Department of Agriculture and the director of the Department of Personnel filed a motion to dismiss the mandamus suit. 68 On April 21,1977, Judge Raymond K. Berg ruled on both the motions for rehearing and to vacate and the motion to dismiss the mandamus suit. The motion to dismiss the mandarnus suit was granted and the motions for rehearing and to vacate were granted in part and denied in part. The motions for rehearing and to vacate were denied to the extent that they sought reconsidera- tion of the Court’s ruling of August 11, 1976, which reversed the Civil Service Commissioner’s decision to discharge the Claimant. The motions were granted to the extent that they sought to deny reinstatement of the Claimant to the Illinois Racing Board subsequent to July 16, 1976, because the Court found that the primary employment duties and responsibilities of the Claimant under the Illinois Thoroughbred Program were either no longer entrusted to or among the present duties and responsibilities of the Illinois Racing Board as of July 16, 1976. The Illinois Racing Board appealed the decision of the circuit court in case No. 75 L 21490 which reversed the Claimant’s discharge and on November 19,1978, the appellate court in Neylon u. Illinois Racing Board, 66 Ill. App. 3d 621, 384 N.E.2d 433, dismissed the appeal because the Illinois Racing Board and the Civil Service Commission, as appellants, failed to preserve and file the complete record. The Supreme Court of Illinois later denied the Racing Board’s petition for leave to appeal. The record does not clearly reveal the outcome of the chancery action filed by the Claimant in case No. 75 CH 3430. The Claimant’s reply brief states that the chancery action was consolidated with the mandamus action in case No. 76 L 16386, and the administrative review action, case No. 75 L 21490, on the motion of the Attorney General. The reply brief further states that no 69 action was taken on the chancery case because the Attorney General continued his motion to vacate in the administrative review action and then appealed the order rendered in that action. Claimant’s complaint, however, indicates that the circuit court allowed the Attorney General’s motion to dismiss case No. 75 CH 3430 on the grounds that the circuit court lacked jurisdiction. Sometime later another action, Illinois Racing Board v. Civil Service Comm’n No. 81 L 22214, was filed in the circuit court of Cook County. The exact nature of this case is not revealed in the record, however due to actions taken in the case by Judge James C.Murray this controversy is now before this Court. An order dated January 20, 1982, and stamped.by Judge Murray states as follows: “The Attorney General has represented in open Court that the State of Illinois and all of its agencies agree that all issues in controversy between the defendant James Neylon and the State of Illinois and all of its agencies may be resolved in the Court of Claims. The attorney for the defendant James Neylon, has represented in open Court that he intends to file a complaint in the Court of Claims seeking an adjudication of all issues in controversy between the defendant and the State of Illinois and all of its agencies. WHEREFORE, this Court shall retain jurisdiction of this cause until all matters in controversy between the defendant James Neylon and the State of Illinois and all of its agencies have been resolved in the Court of Claims. This cause is therefore, continued generally until further order of court.” In his complaint Claimant seeks damages consisting of lost wages, pension contributions, medical insurance payments, accrued vacation time, sick leave and “any other rights and emoluments due him as an employee of the State of Illinois.” The Claimant computed these damages to amount to between $163,789.00 and $189,784.00. By later amendment to the complaint, Claimant alleged that he suffered a nonwork-related 70 stroke in May of 1981 and under the provisions of sections 14-124 and 14-125 of the Pension Code (Ill. Rev. Stat., ch. 108fh, pars. 14-124 and 14-125), he is entitled to a disability pension equal to one-half of the final average compensation he would have been entitled to in May 1981 had he not been wrongfully discharged. Jurisdiction was said to lie in the Court of Claims pursuant to section 8(a) of the Illinois Court of Claims Act. 111. Rev. Stat., ch. 37, par. 439.8(a). The claim is for the back wages and benefits allegedly due the Claimant as a result of his being wrongfully discharged and as a result of the Respon- dent’s refusal to reinstate him. Previously the parties stipulated that the Claimant would have earned $29,089.00 during the period of the wrongful discharge, January 14, 1975, to July 16,1976. On June 10,1985, an interim order was entered awarding the Claimant a gross amount of $24,642.00. This figure was arrived at after taking into account amounts earned by the Claimant in mitigation of his losses. The award was vouchered on October 4, 1985. That order resolved that portion of the claim relating to the wrongful discharge. At the outset of the Claimant’s presentation at the oral argument, the threshold issue with regard to reinstatement was said to be whether or not a substantial portion of the Claimant’s duties with the Racing Board were transferred to the Department of Agriculture. (Oral Argument tr. 3) This issue is derived from section 2-445 of the rules of the Department of Personnel (now Central Management Services) which provides as follows: “Transfer of Duties: When the duties of a position are relocated by transfer or by abolition and reestablishment and when said duties are substantially the same, an incumbent employee may elect to relocate and retain the duties of that position.” 71

Effective January 1, 1976, section 37-30(e) of the Illi- nois Horse Racing Act of 1975 (Ill. Rev. Stat., ch. 8, par. 37--30(e)), was amended to provide, in part, as follows:

“The Illinois Thoroughbred Breeder’s Fund shall be administered by the Department of Agriculture with the advice and assistance of the Advisory Board created in subsection (f) of this section.”

We agree that this is the remaining issue with respect to the merits of this claim. However, at this point, for the record and for the future we want to make the following comments concerning the procedural history of this matter and the jurisdiction of the Court of Claims to determine the reinstatement issue. The Personnel Code (Ill. Rev. Stat., ch. 127, par. 63b101 et seq.), which authorizes the Department of Central Management Services to promulgate personnel rules such as the rule quoted above and relied on herein by the Claimant also authorizes said Department to provide by rule for a grievance resolution procedure. At the time of the Claimant’s wrongful discharge, at all relevant points in time, and now, there was and is in effect a procedure established by rule for resolving grievances arising out of said rules. Additionally, the Personnel Code authorizes the Civil Service Commission to hear and determine grievances of this nature. The procedures culminate in administrative review and appeals to higher courts thereafter. The fact that the Claimant has already pursued this avenue of relief in connection with his wrongful discharge does not mean he may bypass it over the issue of the refusal to transfer him along with his duties to the Department of Agriculture. This issue involves a wholly new cause of action which should have been heard through the administrative channels. Resolution of issues of this nature is the purpose for which that avenue of relief was created. It is only after 72 final resolution there that the Claimant should have come to this Court and then only if he was found entitled to back pay, the appropriation for which has lapsed. For example, the portion of this claim relating to the wrongful discharge, which apparently was decided with finality, was properly before the Court of Claims. Section 8(a) of the Court of Claims Act does not mandate that this Court hear and determine the reinstatement issue either. Section 25 of the Court of Claims Act and rule 6 of the Rules of the Court of Claims provide that the Claimant must exhaust all of its remedies, legal and administrative, before pursuing its claim to final resolution in the Court of Claims. At this point, Claimant’s claim in the Court of Claims for damages incurred beyond July 16,1976, is premature. In the future we do not intend to condone a situation creating potential forum-shopping by employees subject to the Personnel Code and Rules who have a grievance and open this Court to all of those grievances now handled administratively within the framework of the Personnel Rules and the Civil Service Commission. Nor does the order stamped with Judge Murray’s name dated January 20, 1982, (quoted above) mandate that the Court of Claims decide this issue. That order merely incorporates or restates the essence of an agreement between the parties that the controversy be resolved in the Court of Claims, continues the action in the circuit court of Cook County, and notes that that court retained jurisdiction. The order did not mandate that the Court of Claims decide the issues. The jurisdiction of this Court is set by statute. No agreement by the parties should be able to confer jurisdiction on this Court. Jurisdictional issues may be raised at any time by any party or the Court itself. 73 At the present time, there is no order by any administrative or judicial authority providing that Mr. Neylon should be employed by the State of Illinois. Judge Berg’s order of April 21, 1977, denying reinstatement to the Claimant subsequent to July 16, 1976, remains in effect. However, because we think this matter has gone on long enough, in the interest of judicial economy, and in fairness, we will render a decision on the merits of the reinstatement portion of this claim. Having reviewed the evidence we find in favor of the Claimant on the issue of reinstatement, that is, that a substantial portion of his duties were relocated, either by transfer or by abolition and reestablishment, and that he should have been allowed to reassume those duties at the different agency. As for damages, the Claimant is entitled to such compensation as would place him in the same position as if he had been reinstated effective July 16, 1976. The first item of damages is the wages. The interim order previously entered compensated him for lost wages prior to July 16, 1976. On May 5, 1981, the Claimant suffered a disabling stroke. Therefore, he is due what he would have earned from July 16, 1976, to May 5, 1981, less what he earned in mitigation. In computing those losses the Claimant figured in a 7.5% annual increase based on the average annual increase he received from 1969 to 1974. At the time of his discharge it was stipulated that he was earning $17,606.50 annually. Claimant computed the total amount he would have earned to be $105,732.00. The Respondent argues that such a method of calculating the lost wages is speculative and for that reason should not be accepted 74 by the Court. Respondent would have the Claimant identify a specific position in which he should have been reinstated and use the set rate of compensation for that position. The Claimant did not identify such a position during the litigation. Having found that Claimant should have been reinstated, that he suffered loss of wages is not speculation but fact. In Harmon v. State (1978), 32 Ill. Ct. C1.543,545, we quoted Hunter, Trial Handbook for Zllinois Lawyers, 4th edition, chapter LXXX, General Rules Relating to Damages, sec. 80:5, page 815: “Damages are not rendered uncertain because they are uncertain in amount, as distinguished from those which are too uncertain to be recoverable because they are not the certain results of the wrong that has been committed.” As the triers of fact it is our responsibility to affix the amount of damages. We do not think that Claimant’s method of calculation is unreasonable (although we do question some of the arithmetic) and Respondent did not offer a workable alternative. We find that Claimant suffered $100,000.00 in lost wages. The evidence indicates Claimant earned $28,885.00 in mitigation of his losses. We previously deducted $4,447.00 earned in mitigation for the period covered by the award made in the interim order. We are satisfied that Claimant met his responsibilities with respect to mitigation of his losses during this period. Therefore, we now deduct the balance of the amount earned in mitigation, $15,410.00, which leaves $84,590.00 due Claimant for lost wages. Claimant seeks compensation for hospitalization and life insurance which would have been paid by the Respondent had he remained an employee. In Nolte- meier 0.State (1983), 38 Ill. Ct. C1.107, we held that loss of insurance benefits could be a compensable item of damages in cases such as the one at bar. The record indicates that he paid $118.00 for hospitalization 75 insurance for 33 months totaling $3,894.00. For 51 months until January 1, 1982, he paid $27.53 per month for a total of $1,404.00. After his suspension, he purchased $15,000.00 in life insurance (which is approximately the amount of coverage his employment with the Respondent would have provided him toward the end of the period). The record indicates he paid $57.54 in quarterly premiums for a total of $2,128.86 as of November 1,1982.

Claimant also seeks compensation for loss of disability payments. On May 5,1981, Claimant suffered an apparently disabling stroke and testified he was unable to work any more. His argument is that had he been reinstated he would have been entitled to disability payments as a benefit of being a State employee. It is unclear as to whether Claimant would have us award these payments (and consequently pay them as other awards are paid) or order the State Employees’ Retirement System to pay them. The funds with which such nonoccupational disability benefits are paid are held in a trust and are segregated from other State funds and administrative decisions of the Board of Trustees of the Retirement System are subject to administrative review, not review in the Court of Claims. Claimant’s representations concerning enforcement of any decision we render notwithstanding, having found Claimant should have been reinstated, we think that he now should exhaust his potential remedy for this claimed item of damages by applying for back benefits from the Retirement System. We will retain jurisdiction and reconsider this aspect of his claim if his application to the Retirement System is unsuccessful and he can show that, but for the Respondent’s failure to reinstate him, he would otherwise have been eligible for the benefits. 76

One of the conditions for eligibility to receive disability benefits is that an employee must use all sick time accumulated as of the date of the disability. The evidence is that Claimant would have been entitled to use his sick days following his stroke had he been employed at the time. A State Employees’ Retirement System disability medical report form containing a doctor’s opinion that the Claimant was permanently disabled was entered into evidence by stipulation. It was uncontroverted that he would have accumulated 220 sick days as of November 1982. These days would have been paid at his rate of salary as of May 5,1981, the date of the stroke. That rate cannot be stated with exact certainty but, as previously indicated, he would have been earning something and difficulty of proof does not render the damages speculative. We, as triers of fact, find this amount to be $2,100.00 per month. Eleven months at $2,100.00 comes to $23,100.00.

In summary, the various items of damages are as follows:

Back wages (less mitigation) ...... $ 84,590.00 Hospitalization Insurance ...... 5,298.00 Life Insurance...... 2,128.86 Sick Days...... 23,100.00 Total...... $115,116.86

It is hereby ordered that Claimant be and hereby is awarded the gross sum of $115,116.86 subject to appropriate employer contributions and employee deductions as more fully set forth in the Appendix compiled by the Clerk‘s Office which is attached hereto and incorporated herein. 77 APPENDIX A Identification of the State Contributions and Deductions from Back Salary Award. To the State Employees’ Retirement System Employee’s contribution to State Employees’ Retirement System 2327.12

Employee’s contribution to FICA .oo

State’s contribution to State Employees’ Retirement System 1948.96

State’s contribution to FICA .oo

To Illinois State Treasurer to be remitted to Internal Revenue Service: Claimant’s Federal income tax 4928.40

To Illinois Department: Claimant’s Illinois income tax 616.05

To Office of Employment Security: Director Dept. of Employment Security 9000.00

To the Claimant: Net Salary 7770.43

Total Award $26,590.96 78

(No. 82-CC-2210-Claimant awarded $60,000.00.) WALTER MCINTYRE,Claimant, v. THE STATE OF ILLINOIS, Respondent. Opinion filed lune 19,1987.

FRED AIOSSA,for Claimant.

NEIL F. HARTIGAN, Attorney General (JOHN BUCKLEY, Assistant Attorney General, of counsel), for Respondent.

PRISONERS AND INMATEs-inmate’s arm caught in gate-award granted. An inmate at a State correctional center was granted an award for the injuries he sustained to his right biceps when an electronic gate closed on his arm, since the evidence established that the inmate’s contributory negligence was negligible, but that the correctional officers were negligent in allowing the gate to be closed on the inmate’s arm.

RAUCCI, J. This is a claim brought by Claimant, Walter McIntyre, for personal injuries sustained by him on October 30, 1981, while he was a resident at Stateville Correctional Center. On the date in question, an electronic gate closed on Claimant’s right arm severely injuring his right biceps. claimant worked in the general kitchen as a utility man. At about 4:OO p.m. on the day in question, he was assigned to take a cart containing coffee and cookies to A and B dining rooms. We delivered what he had to deliver to A dining room and was on his way to B dining room when a guard snatched a package of cookies off the cart as Claimant and his cart passed in front of D house gate. The gate to D house is an electronically operated gate constructed out of bars. Six feet of the gate is stationary and another six feet of the gate slides on a track past the stationary part of the gate. The gate is operated by employees in a control room watching I 79 cameras and taking voice commands from officers via walkie-talkie radios. When the guard took the cookies the gate was open and he walked through the gate. Whoever was operating the gate closed it after the guard went through. Claimant called after the guard to return whatever he had taken from the wagon. I “Q. What were you calling him for? I A. To get whatever he took off the wagon back. I i Q, Why was it important to get those back? I I A. When I leave the kitchen and B called for us to bring food or coffee to the dining, when I left ,I I the kitchen if I don’t show up to the dining I

room with whatever I left the kitchen with, I I get disciplinary report wrote up on me, because inmates have been known to steal stuff I I out of the kitchen. i I I would have been accused of it, written up I

I with a disciplinary report written up on me, I and possibly put in segregation or C grade or whatever, and I was trying to avoid a ticket which was a disciplinary report. Q. So, you said you called this guard. How did you call him and by what means? A. I called the officer. Q. Did you know him by name? A. No. Q. What else did you do to attract his attention? 80 A. He stopped when he got halfway down the tunnel, because after you go through the gate, there is a tunnel before you get to C house which is about a block or so long. Got halfway down the tunnel and asked me what I wanted. I asked him to bring back what he took off the wagon, and he said I don’t have nothing. I pointed to what he had in his hand. Q. Which arm did you use to point? A. Right arm. Q. Where was your arm when you started pointing to what he had? A. When I first pointed, he acted as if he couldn’t see me which he could from as far as I could see, but I stick my hands through the bars and pointed directly at what he had, and that is when whoever was operating the gate . . . .Y) (Tr. 8-10) In other words, to better use his right hand to point at the object in the officer’s hand, Claimant thrust his right arm through the stationary part of the gate. At that point an employee in the control room opened the gate and crushed Claimant’s right arm in the area of his biceps. The gate opened when it did because Officer Cook, by radio, called the control office to open the gate, without noticing that Claimant had his arm through the stationary portion. First we will consider the report filed by Officer Cook: 81 “I Officer Cook was going into D-House tunnel, Resident McIntyre was standing at the gate with his arm through the bars. Control center opened the gate and Resident McIntyre’s arm smashed between the two gates. I signalled the control center to release Resident McIntyre’s arm.” (Resp. Ex. 1) Next we will consider his testimony: “Q. When you approached the D gate at this particular time, was the gate open or closed? A. It was closed. Q. And where was Resident McIntyre with regard to the gate? A. He was standing on the stationary side of it. Q. What was he doing there? A. Talking. Q. Who was he talking to? A. I don’t know who he was talking to. He was talking to someone standing in the tunnel. Q. Was that someone in the tunnel an officer or an inmate? A. I don’t know. I’m not sure. Q. Then what happened? A. Then I called over the radio to have them open the gate so I could go inside the tunnel. Q. And after you called the radio, did the gate begin to open? A. Yes. 82 Q. Then what happened? A. Then I noticed his arm was through the gate, and it smashed, and so I could tell them to close it. . . .” (Tr. 51-52) When Officer Cook realized that Claimant’s arm was caught in the gate, he began to wave his arm in front of the camera to get the attention of the operator in the control room. But waving to attract the attention of the operator was futile, because apparently no one was watching the screen. He had to call the operator over his radio in order to get the control room’s attention to close the gate and release Claimant’s arm. The fact that the gate had not opened far enough to permit anyone to go through but, in fact, wedged Claimant’s arm between it and the stationary bars escaped the attention of those in the control room. A minute elapsed before an operator in the control room pressed a button to close the gate. “Q. Between the time Mr. McIntyre’s arm was first caught in the gate and the time you called the control center telling them to close the gate releasing Mr. McIntyre’s arm approximately how much time passed, if you can recall? A. About a minute.” (Tr. 53; also see Tr. 28). On cross-examination Officer Cook elaborated further : “BY MR. AIOSSA Q. Officer Cook, drawing your attention back to the statement exhibit when you read it, you said McIntyre’s arm was smashed between the gate. The last sentence is actually I signalled the control center to close the gate to release his arm? 83

A. I was waving in front of the camera. Q. You heard Mr. McIntyre testify he heard a guard call, was that you? A. I was standing behind him. Q. You had a walkie-talkie, then you are the one that called to the control center? A. Yes. Q. The control center didn’t close the gate on its own- MR. BUCKLEY: Objection to the part of the question. BY MR.AIOSSA: Q. You signalled the control center to close that gate? ‘ I A. Yes. I Q. Thereby releasing Walter McIntyre’s arm? I A. Yes. I Q. The control center didn’t do it until you called, I I correct? I A. No, they didn’t know what was happening.” (Tr. 53,54) (Emphasis supplied.) He summarized the matter as follows: “Q. So, if the control center had seen what was going on, they could have closed the gate immediately, correct? A. Yes. 84 Q. But there was a lapse of time of approximately a minute, but they actually closed it? A. Yes. Q. And they didn’t close it until you actually notified them, correct? A. Yes, I called them over the radio. Q. It wasn’t until they got your radio communication until they actually closed it, correct? A. Yes.” (Tr. 55) The Claimant has proven negligence on the part of Respondent in the following particulars: 1. Officer Cook was negligent in not noticing that Claimant’s arm was thrust through the stationary part of the gate when he, Cook, called the control room by radio to open the gate. This appears in both Officer Cook’s written statement and in his testimony. 2. At all times during this incident, both on opening the gate at Cook’s request, and on closing it at Cook’s request, the control center relied exclusively on his radio calls. Either the lighting was so poor around the gate that it could not see the gate over the monitoring system, or the operator paid no attention to the screen. Two of the employees in the control room gave written statements which would appear to be false- hoods. It should be remembered that Officer Cook testified that after Claimant’s arm was caught in the gate he tried to attract the attention of the control room by waving in front of the camera. “I was waving in front of the camera.” But, the control center didn’t close the gate until he called on the radio. 85

“Q. The control center didn’t do it until you called, correct? A. No, they didn’t know what was happening.” The statements of the two employees are repro- duced below: First is that of Richard J. Watson: “On the above date and time I was given the sign from Officer Cook to open the tunnel gate D. However, Resident McIntyre was leaning on the gate as it was opening he also placed his arm through the gate and was caught between the moving gate.” (Resp. Ex. 2) If he saw this happen, why then did he not immediately release Claimant’s arm? Why was Officer Cook’s arm waving futilely? Why was the gate not released until Officer Cook’s radio call? Why did Claimant have to endure almost a minute with his arm crushed in the gate? Second is that of Katie Banks: “On the above date and time while I c/o Katie Banks was working the control center I saw Res. McIntyre appear to deliberately push his arm into the D gate just as it was opening up.” (Resp. Ex. 3). (Also see her statement repeated in Resp. Ex. 4). If she saw all of that happening why did she not tell c/o Watson to close the gate? Why the delay in getting Claimant’s arm out of the gate? There is dispute in the record as to what warning signs are posted at the gate. Warden DeRobertis, in a memorandum, stated that there were “posted warnings to keep arms, hands, and legs clear of the gate bars.” However, the Adjustment Committee summary signed by Captain Hall merely states that there are signs posted at gates “stating not to 86 tamper.” (Corroborated by Claimant’s testimony Tr. 19, 20). Given the urgency Claimant felt about reclaiming the cookies taken by the unknown officer, we do not believe he was guilty of contributory negligence in thrusting his arm through the gate to better point to the package in the officer’s hand. The greater negligence was that of Officer Cook and correctional officers Watson and Banks. At the most his negligence would have to be given a fractional valuation. Claimant ran unassisted to the dispensary a half block away. From there he was taken to the institution hospital. There, he was given X rays and sent back to the cellhouse. “Q. And they didn’t keep you up at the hospital at all? A. No, they told me it was soft tissue damage, and it would be okay. They gave me something for pain and sent me back to the cell.” (Tr. 22). On November 24, 1981, he was examined by an orthopedic surgeon in Joliet, Illinois, who found: “The patient struck his arm about the junction of the proximal or middle third of his right humerus of the anterior aspect with a door. He has no biceps. The biceps does not contract.’’ (CI. Ex. 2) Emphasis supplied. Dr. Gerald J. Rabin, M.D., stated in his report: “Coordination of the upper extremities are equal and normal. The patient has weakness of the whole right upper arm, from the shoulder down. Biceps and triceps reflexes are present and equal. The patient has hypesthesia of the right forearm, and to the right elbow down. There is an atrophy of the upper third of the right arm, tenderness of the right arm. The patient has a huge muscle defect of the right biceps, the short head of the medical biceps tendon, medial aspect. The patient has a whole marked deformity of the whole biceps muscle and its attachment. The inferior attachment is intact. The long head of the biceps are intact. The short head is absent, with marked deformity of the whole biceps. The patient has equal and normal motion of 87 the left shoulder, both elbows and wrist joints. Motion of the right shoulder is limited, with marked weakness of the long head of the biceps as well as absence of the short head of the biceps. Strength and motion of the right hand, fingers, and thumb is limited. . . . DIAGNOSIS: A Defect of the upper third of the biceps in the region of the upper third of the biceps muscle, with an apparent tear of the short head of the biceps. COMMENT At this time the patient is in need, I think of (sic) surgical repair shouZd have been done of the short head of the biceps, and possibly the long head of the biceps at the time of the injury. At this time the patient could be helped by an intensive course of physiotherapy and exercises as well as possible surgical repair of the biceps muscles and their short and long heads.” (Cl. EX. 3) (Emphasis supplied.) The Claimant was 24 years old at the time of the accident. The injury is permanent and will require surgery, although complete recovery is highly unlikely. Claimant’s testimony indicates that he has attempted I gainful employment since his release from State

~ custody, but has been terminated because of his inability I I to perform physical tasks with his injured arm. I Considering the entire record in this case, Claimant is entitled to an award of $60,000.00. ! It is therefore ordered, adjudged and decreed that Claimant is awarded $60,000.00 in full and complete satisfaction of this claim.

(No. 83-CC-0026-Claimants awarded $lO,ooO.OO.)

DEAN and KAREN BUNDY, Claimants, 0.T HE STATE OF ILLINOIS, Respondent. Opinion filed August 4,1986. EMMANUELGUYON, for Claimants. 88

NEIL F. HARTIGAN, Attorney General (LYNN SCHOCK, Assistant Attorney General, of counsel), for Respondent. NFGLlGENCE-eSSentkd elements of negligence action. In order for a Claimant to recover in a case against the State based on negligence, the Claimant must prove that the State was negligent, that the negligence caused the damages complained of, and that the Claimant was free from contributory negligence. HIGHWAYS-highway built closer to Claimants’ residence-award granted. In an action based on the claim that the results of an improvement of a highway decreased the value of Claimants’ home, increased noise and water damage, and caused psychological fear due to the nearness of traffic, the Court of Claims granted an award of $10,000, since the evidence supported the Claimants’ allegations as to the damages and that the State was responsible for the damages.

HOLDERMAN, J The nature of this case is that of a property claim for damages incurred by occupants of a single-family residence home which is located adjacent to a newly- constructed highway and land overpass. The claim of damage includes decrease in value of the home, loss of use of the home, psychological fear by having to live in the home under the new conditions, structural damage to the home, water damage, increased noise, and other incidental damages to the premises. During 1980 and 1981, in the course of improving Illinois Route 23 in Streator, Illinois, the State of Illinois widened that highway so it is now eight feet and one inch closer to the Claimants’ property than it was prior to the improvement. The Claimants contend that the widening of the highway damaged their property in the amount of $52,000.00. The Claimants live in a single family residence located at 1815 South Bloomington Street, Streator, Livingston County, Illinois. They have lived there for 15 years and the home in question was previously owned 89 by Dean Bundy’s parents for many years before being purchased by Claimants. State Highway F.A. 24, runs in a north and south direction on the west side of Claimants’ property. The highway is located 15.2 feet from the side of the house and the home is 6.75 feet from the State right-of-way line. The home was within 22 feet of Illinois Route 23 before the State improved the road. As part of this improvement, the State, using its existing right-of-way, widened Illinois Route 23 so it now passes eight feet and one inch closer to the Bundy home than it did prior to the construction. It is Claimants’ contention that as a result of this improvement of the highway, several problems have occurred which have caused the damages complained of. First, the speed of the trucks using the highway due to the improvements is much higher than it was before the improvements and the vibration is therefore much greater. The Claimants allege that the basement foundation, as a result of this heavy vibration, has been cracked and there is now seepage of water that did not exist prior to the improvements with the result being there is now water in the basement. Claimants contend that the evidence is uncontradicted, that water now accumulates in the back yard to the extent there may be a pond up to 50 feet in width, and that the new highway is banked which causes water to flow onto their property much faster than it had before. Claimants also allege that their property is so close to the highway that when snow on the pavement is melting, the splash from the traffic throws water and slush against the house and that, together with the I 90 chemicals used to melt the snow, results in a discolora- tion that never existed before. The highway is now approximately eight feet closer to Claimants’ house than it was before the improvements were made and the uncontradicted evidence is that there is much more vibration in the house now. Claimants contend that since their house is now closer to the highway traffic, with the size of the trucks that go by their house and the speed of travel, an accident could very well propel them into the home of Claimants. Claimants state because of this, they do not use part of the house, particularly the living room, which is close to the highway, for fear of injury to an occupant of the room if a truck left the highway. In order for a Claimant to recover in a case against the State, he must prove that the State was negligent, that such negligence caused the damages complained of, and that Claimant was free from contributory negligence. The evidence relative to the leakage of the basement wall of Claimants’ house, the vibration, and the water in the back yard was not rebutted or contradicted. The Court readily understands the fear that might exist in the minds of property owners if their living room was placed within 15 feet of a main highway. It is the Court’s opinion that Respondent is responsible for the damages caused and that a reasonable amount of compensation for said damages is $10,000.00. An award is hereby entered in favor of Claimant in the amount of ten thousand ($10,000.00) dollars. 91

(No. 83-CC-1456-Claim dismissed.)

UNITED CAB DRIVEURSELF, INC., Claimant, v. THE STATE OF ILLINOIS DEPARTMENT OF PUBLIC AID, Respondent. Opinion filed May 1,1987. ROLLANDJ. MCFARLAND,for Claimant.

NEIL F. HARTIGAN, Attorney General (KATHLEEN O’BRIEN,Assistant Attorney General, of counsel), for Respondent.

PRACXICE AND ~RocEouRE-damages must be pleaded in detail. The Court of Claims Rules require that the Claimant plead each item of damages in detail and to identify specifically and document prior presentations and agency responses, and failure to comply with this rule shall be grounds for dismissaI of the claim. CoNmAcrs-claim by medical-service provider dismissed-noncompliance with Court of Claims Rule 5. The Court of Claims dismissed the claim of a medical-service provider based on the Claimant’s failure to comply with the requirements of Court of Claims Rule 5 regarding the specificity with which a claim must be stated, since the Claimant’s mere attempt to comply with the Rule by tendering invoice-copies was insufficient, and the presentation of the claim in that form failed to state a cause of action or give the State reasonably fair notice of the specific factual allegations on which the claim was based. PATCHETT,J. This cause is before the Court on Respondent’s motion to dismiss the captioned claim, or alternatively, to strike and dismiss the complaint of the Claimant (United). Claimant having been given due notice, and the Court being fully advised in the premises, finds as follows: 1. Claimant is enrolled as a vendor, or “service provider” of medical transportation services to persons who are “recipients” as defined in section 2-9 of the Public Aid Code (PAC) (Ill. Rev. Stat., ch. 23, par. 2-9). Such recipients receive State-paid benefits under the medical assistance program administered by the Illinois Department of Public Aid (IDPA). In this action, filed 92 pursuant to section 11-13 of the PAC, United is apparently seeking “vendor payments” (section 2-5 of the PAC) of from $3,400.10 to $5,550.90 in payment for services furnished during February through July 1982. The Complaint offers no other, more specific identification of the services, or service accounts on which United is basing its claim. 2. In its Court Rule 14 department report, IDPA denies that Respondents are indebted to United in any amount; and advises that United is indebted to IDPA for an unpaid $19.70 balance on a cash advancement which Respondents had previously made to United. Respon- dent’s position is that, except for the cash advancement, this claim is similar in subject matter to the other “section 11-13” medical vendor claims which have been filed in this Court against IDPA. 3. IDPA also reports certain procedural deficiencies and omissions in United’s pleadings and exhibit documentation, which it states have hindered investigation of the claim. These include United’s failures: a. to identify (in a “bill of particulars’’ list) the specific service accounts (recipients’ identities, dates served, specific dollar amounts charged on each service account) on which United bases this aggregate claim; b. to plead specifically, and document that each such account was presented for payment on an IDPA invoice to that agency; and c. to plead specifically, and document what specific “action /was/ taken” by that agency on each such invoice (e.g., in an IDPA remittance- advice “voucher” response). 93 The report notes that, under Court Rule 5, the obligations to plead “in detail each item of damages, and the amount claimed on account thereof,” and to identify specifically, and document prior presentations and agency responses, are United’s responsibility, not Respondent’s. IDPA asserts that the fundamental requirements of notice pleading require United to plead specific factual allegations; and that, unless United presents its claim in the degree of specificity called for by Court Rule 5, it will be extremely difficult for the Department to investigate the merits of the claim effectively. See this Court’s March 1, 1982, order in Barnes Hospital v. State, No. 82 CC 708 et seq. 4. According to the report, United has attempted to meet its burden of pleading and documenting the component accounts of its claim by tendering its “Group Exhibit A,” a file of “approximately 1,000 pages of documents” including invoice copies (apparently for both paid and unpaid accounts), IDPA’s voucher responses, and other miscellaneous bookkeeping records. In thus responding to Respondent’s discovery and bill-of-particulars requests, United infers that Respondent is obliged to sort through and organize its records, identify and separate the “paid” accounts from those which may be “unpaid,” and then attempt to construct the components of the Court claim which United has filed. Respondent denies that it has any responsibility for developing and presenting United’s claim. They contend that their obligation is limited to responding to the specifics of the claim, once United has presented it in accordance with Court rule requirements. 5. IDPA further reports that its staff, and the Clerk of this Court, have developed a set of sample pleading forms, including a bill-of-particulars form and related 94 instructions, which medical vendor Claimants may choose to follow in commencing section 11-13 actions against IDPA. These forms are designed to assist such Claimants in presenting their claims in accordance with Court rules and with IDPA’s own regulations and requirements for vendor invoicing. They offer the additional benefit of encouraging a consistent and orderly presentation of such claims, thereby permitting IDPA staff to investigate them effectively and effi- ciently. Based upon the foregoing, the Court makes the following additional findings: 6. United’s claim, as thus presented, does not state a cause of action on which this Court could grant any relief. Before addressing any matters raised in defense (e.g.,prior payment via cash advancement), the Court must first determine whether United’s complaint (a) complies with the provisions of Court Rule 5, and (b) offers Respondent reasonably fair notice of specific factual allegations which it could investigate and respond to. Based upon the deficiencies outlined above, we find that the complaint does not comply with Rule 5’s requirements. We further find that the complaint fails to provide Respondent with fair notice of which specific accounts comprise this claim, of United’s “previously presented” invoices on those accounts, of IDPA’s responses or other “action taken,” or of other “details” required if IDPA can be expected to report to the Court in a meaningful way. 7. In this regard, we note the Complaint alleges United’s “total billings” on a month-by-month basis (whether by month-of-service or month-of-invoicing is not indicated), and of the dollar totals of amounts allowed and disallowed by IDPA under section 11-13. 95 This summarized statement of bookkeeping balances does not represent the detailed allegations which a proper investigation of this claim would require. 8. United’s tender of a file containing its bookkeeping records, invoices and vouchers is not an appropriate substitute for the proper pleading of its claim. At this juncture, United’s complaint asserts, in essence, that it has been underpaid by from $3,400.10 to $5,550.90, its claim representing the difference between the total of a substantial number of individually-invoiced accounts and the total of IDPA’s payments and credits. Investiga- tion can occur only after the correct “pieces” of the claim are identified and assembled, and the completed “puzzle” is available for review. Respondent is not obliged to determine which pieces “fit” and which do not, or to attempt to assemble a claim which “fits” the complaint, because the constituent pieces are the product of United’s selection. United must identify its selected accounts, and then proceed to meet Rule 5’s requirements as to each of them. 9. United has not met its pleading responsibilities simply by alleging that it “disputes all rejected (disallowed) amounts,” and that it did in fact perform the services invoiced. In its report, IDPA advises that a vendor’s right to be paid for services is contingent upon its timely submission of properly prepared and documented invoices. The Department asserts that its invoicing requirements are explained in its Medical Assistance Program (MAP) Handbook for Trunsportu- tion Services, and that such requirements correspond to IDPA regulations and policy. These Handbooks were furnished to United and other vendors upon their enrollment; and United has, by written agreement, committed itself to complying with all Handbook 96

requirements. The extent of United’s compliance can only be assessed by the parties and the Court after United has adequately presented the accounts on which it bases this claim, and after IDPA has investigated as to those accounts. 10. Court Rule 9 provides that a Claimant’s failure to comply with the provisions of Rule 5 shall be grounds for dismissal of its claim. It is therefore hereby ordered: That Respondent’s motion to dismiss is hereby granted, and Claimant United’s complaint is hereby stricken as insufficient in form and substance, as not complying with the rules of this Court, and as failing to state a cause of action on which relief may be granted; That Claimant is given thirty (30) days from the date of this opinion in which to file an amended complaint. Any amended complaint hereinafter filed by Claimant shall utilize the form and format of the IDPA Medical Service Provider Complaint available from the clerk of this Court, including the submission of a completed bill of particulars as therein indicated, and shall set forth the specific detail of Claimant’s individual accounts required by that form and the related instructions. That, if Claimant should fail to file its amended complaint within the time herein specified, then this claim and cause of action shall stand dismissed with prejudice, and the clerk of this Court shall thereupon record such dismissal on the Court’s records pertaining to this claim. 97

(No. 83-CC-1878-Claimant awarded $2,000.00.)

MICHAEL LICHTER, Claimant, u. THE STATE OF ILLINOIS, Respondent. Opinion filed May 26,1987.

FRANCIS KAITIS, for Claimant.

NEIL F. HARTIGAN, Attorney General (JOHN BUCK- LEY, Assistant Attorney General, of counsel), for Respon- dent. NECtiCENCE-!hte’S duty to maintain manhole covers. The State has a duty to maintain manhole covers in the State of Illinois in a state of proper repair for the safety of persons and vehicles using the State highways, and the failure to replace or repair a manhole cover which has a defect of which the State has actual or constructive notice is negligence on the part of the State. SAME-defective manhole cover-child injured leg-award granted. Where the State’s negligent failure to repair or replace a defective manhole cover was the cause of the injuries sustained when a minor Claimant stepped through the cover and caught his leg, the Court of Claims granted an award based on the damages, including the child’s medical expenses and lost wages, since the child was not contributorily negligent and the State’s negligence was the sole cause of the occurrence.

POCH, J. Claimant, a 14-year-old boy, alleges that on July 14, 1982, at about 4:30 p.m., he was injured while in the process of crossing Touhy Avenue from the north to the south side of the street. The complaint alleges that upon stepping from the curb, he stepped on top of the storm sewer and his right foot went through the top of the sewer because one of the grates had been removed. Claimant’s right leg was stuck into the sewer past his knee and he was unable to remove his leg on his own initiative. The police were called to the scene and they were unsuccessful in removing the boy’s leg. The Skokie Fire Department arrived at the scene and were finally able to remove the Claimant’s leg. Claimant was stuck in the sewer for approximately 30 minutes. 98

Claimant was taken to Skokie Valley Hospital where he was X-rayed and a brace was applied to the leg. At the time of his injury, Claimant had a summer job with Duffy ik Quinn Construction Company at which job he was paid $3.35 an hour for 40 hours a week, or a total of $134.00 per week. Claimant was off work for approximately five weeks, resulting in a loss of $670.00. He also incurred a hospital bill which, including doctor’s services, amounted to $139.00. Claimant testified he has made a complete recovery from his injuries. It was established at the time of the hearing by the Commissioner that it was the duty of the State of Illinois to maintain the manhole cover in question and that there was a defect in said cover which resulted in Claimant’s injuries. In situations such as this, this Court has held that it is the duty of the State of Illinois to maintain the manhole covers in a state of proper repair for the safety of persons and vehicles using the highway. (Bed 0.State, 21 Ill. Ct. C1. 480; Gouchot v. State, 21 Ill. Ct. C1. 157; Mayes v. State, 23 Ill. Ct. C1.93.) Such a defect, which is known or could have been ascertained by reasonable inspection, amounts to constructive notice, and the failure to replace or repair such defect amounts to negligence on the part of the State of Illinois. The Court is of the opinion that Claimant acted in the way an ordinary 14-year-old would act in crossing the street where he did. The record is devoid of any evidence showing any contributory negligence on the part of Claimant. The Court is of the opinion that the State is guilty of negligence and that said negligence caused the Claimant’s injury as set forth in the complaint. 99 The Court believes an award in the amount of two thousand ($2,000.00) dollars is a proper award in this matter. An award is hereby entered in that amount on behalf of Claimant.

(No. 83-CC-1900-Claimant awarded $40,OOO.00

DEBORAH WOODHOUSEC ATLETT, Claimant, 0. THE STATE OF ILLINOIS, Respondent. Opinion filed July 3,1986.

HEITZINGER, CONDON& HOFSTETTER,for Claimant.

NEIL F. HARTIGAN, Attorney General (RALANDA WEBB, Assistant Attorney General, of counsel), for Respondent. STiPuLATIoNS-car hit rut in highway-driver injured-award granted. Based on the joint stipulation of the parties, an award was granted to a Claimant who was injured when her car crashed into a ditch after hitting a rut in a highway.

MONTANA, C.J. This matter is before the Court on the joint stipulation of the parties. This claim sounds in tort and is brought pursuant to section 8(d) of the Court of Claims Act (Ill. Rev. Stat. 1983, ch. 37, par. 439.8(d)). The incident involved herein occurred on October 16, 1982, at or near mile marker 273 on Interstate 57 in Iroquois County, Illinois. The wheel of the car in which Claimant was a passenger caught in a rut in the pavement, causing the car to careen off the roadway into a nearby ditch. Claimaint suffered fractured vertebrae and other injuries as a result of the accident. 100 Based on the foregoing, Claimant, Deborah W. Catlett, is hereby awarded the sum ,of forty thousand ($40,000.00) dollars in full and final satisfaction of this claim.

(No. 83-CC-1956-Claim dismissed.)

ROCK ISLAND FRANCISCANHOSPITAL , Claimant, 27. THE STATE OF ILLINOIS, Respondent. Opinion filed April 28,1987.

GENDE, MESICH& BEATTY, for Claimant.

NEIL F. HARTIGAN, Attorney General (SUE MUELLER, Assistant Attorney General, of counsel), for Respondent. CoNTRAcTs-Department of Public Aid regulations may limit vendor’s Tight to payment. The Illinois Department of Public Aid regulations concerning the filing of invoices and receipts must be complied with by vendors in order for vendors to be entitled to payment for services rendered to a public aid recipient, since a vendor‘s right to payment of a claim under the Illinois Public Aid Code may be limited by the regulations of the Department. SAME-chim for services rendered to public aid recipient dismissed- noncompliance with billing regulations. The Court of Claims dismissed a vendor’s claim for services rendered to public aid recipients, since the vendor failed to comply with the regulations of the Department of Public Aid regarding the timely filing of invoices for the services rendered.

PATCHETT, J This cause coming on to be heard on Respondent’s motion to dismiss, due notice having been given and the Court being fully advised finds as follows: Hospital’s $781.56 claim, apparently intended to be filed pursuant to section 11-13 of the Illinois Public Aid Code (Ill. Rev. Stat., ch. 23, par. 11-13), seeks a vendor payment from the Illinois Department of Public Aid 101 (IDPA) on a single patient account, Claimant’s provider reference No. 5272075, for which Claimant has identified its patient as either Holly Fordham or Gary Sprague. The claim is for services rendered during an inpatient stay from December 1 through December 4, 1981. This claim raises the issue whether Claimant had lost the opportunity to seek payment of this account, as a result of its failure to submit its invoice for its services until after the regulatory deadline for IDPA’s receipt of such invoice. IDPA’s regulation (Department Rule 140.20(c), (d) and (e), published at 89 Ill. Adm. Code 140.20; formerly Rule 4.015) provides: that an invoice (or “vendor- payment claim”) must be received by the Department no later than six months following the date on which medical services were rendered; that invoices not so received are ineligible for payment; and that the State has no payment liability for tardily-received invoices. In the instant claim, the complaint presents three invoices, all apparently prepared by Claimant for the purpose of billing these services to IDPA. In its first two invoices (prepared in December 1981 and May 1982), Claimant identified its patient as Holly Fordham. Claimant has failed to establish that either of these invoices was ever submitted to or received by IDPA. The third invoice, dated January 13, 1983, identifies Claimant’s patient, and the recipient of these same services, as Gary Sprague and this invoice was received by IDPA, on January 17,1983, some 13 months after the services had been rendered. The invoice was disallowed for payment by IDPA (by the rejection message “submitted later than one year after service”) as a result of Claimant’s failure to submit it within the time prescribed by Rule 140.20. 102

This third invoice (for patient Sprague) contains no entries in the spaces, or “fields” labelled “Original DCN” or “Voucher Number.” In compliance with IDPA’s Handbook for Hospitals billing instructions, Claimant would have completed these two fields, if this account (whether for services to Fordham or to Sprague) had previously been invoiced to IDPA and disallowed for any reason by IDPA. Claimant’s failure to complete these two fields thus serves to confirm that this January 13, 1983, invoice represents its first submittal of its charges on this account to IDPA. A vendor’s right to payment of a claim, enforceable under section 11-13 of the Illinois Public Aid Code, may be “limited by regulations of the Illinois Depart- ment.” (Ill. Rev. Stat., ch. 23, par. 11-13.) Rule 140.20 is one such limiting regulation. It imposes a deadline requirement on Claimant and other medical vendors with which they must comply if they are to receive payments for services to IDPA recipients. Moreover, as noted in IDPA’s report, Claimant has signed a Provider Agreement with the Department, upon enrolling as a Medical Assistance Program (MAP) participant, in which it “agrees to abide by the Department’s properly promulgated Rules and Hospital Handbook’ requirements, necessarily including Rule 140.20 and a corresponding invoicing deadline set out in IDPA’s MAP Handbook for Hospitals instructions. This Court has recognized IDPA’s invoice receipt deadline as a requirement with which vendors must comply in establishing their right to be paid for recipients’ care. (Weissman v. State (1978), 32 Ill. Ct. C1. 150; Brokaw Hospital v. State (1980), 34 Ill. Ct. C1. 316; Methodist Medical Center v. State (1980), 34 Ill. Ct. C1. 316; Good Samaritan Hospital v. State (1982), 35 Ill. Ct. 103

C1. 379; and Rush Anesthesiology Group v. State (1983), 35 Ill. Ct. C1. 851.) It appears that reasonable diligence by vendors will allow for IDPA’s receipt of their claims within these time limits. Accurate invoice preparation and timely submittal should also assure vendors of prompt payment under IDPA’s MAP. In an order entered on May 3,1982 (in Rock Island Franciscan Hospital v. State, No. 82 CC 899, consolidat- ing six claims), this Court reported concern for the nonpayment status of Claimant’s accounts for services to IDPA recipients. We expressed the belief that Claimant’s proper and timely compliance with IDPA’s Rule and Handbook requirements would allow it to be paid promptly for its eligible services, through the Depart- ment’s administrative channels. We continue to believe that Claimant’s adherence to these requirements, in billing such services for payment, will in fact result in Claimant’s receiving the “vendor-payments’’ from IDPA to which it is entitled. It is hereby ordered that this claim be, and it is hereby dismissed, the Claimant having failed to comply with the invoice receipt requirement of IDPA Rule 140.20.

(No. 83-CC-2149-Claim dismissed.)

LORRAINE PRENCIPE, Claimant, 0.T HE STATE OF ILLINOIS, Respondent. Order on motion to dismiss filed May 8,1985. Order on motion to vacate dismissal filed August 8,1985. Order on motion to dismiss filed May 15,1987.

BRIAN D. ALPERT and RICHARD GEIGER, for Claimant. 104

HINSHAW, CULBERTSON, MOELMANN, HOBAN& FULLER, for Respondent. NEGLIGENCE-when release is presumed valid. A full or unqualified release given to any one of those concurring in the cause of an injury releases both joint and independent concurrent tort feasors, and such a release is to be given the presumption of validity. SAME-motorcycle accident-negligent highway construction- release-claim dismissed. In an action alleging that the Claimant sustained injuries in a motorcycle accident due to negligent construction of a State highway, the Court of Claims dismissed the claim on the basis of the Claimant’s execution of a full and unqualified release for damages arising from the occurrence, since the release contained no express reservation of rights, and it was clearly a full or unqualified release as to one indivisible injury.

ORDER ON MOTION TO DISMISS

HOLDERMAN, J This matter comes before the Court upon motion of Respondent to dismiss the complaint filed in this matter. Respondent’s motion sets forth that Claimant filed a complaint in this Court alleging damages sustained as a result of negligent highway construction on August 3, 1982, near the intersection of Ogden Avenue and Washington Street in Naperville, Illinois. Said motion further states that Claimant executed a full and unqualified release, dated July 15, 1983, for damages arising from this accident. Respondent cited the case of Porter v. Ford Motor Co. (1983), 96 Ill. 2d 190, 449 N.E.2d 827, in which the Illinois Supreme Court held that a full or unqualified release as to one indivisible injury given to anyone of those concurring in its cause releases both joint and independent concurrent tort- feasors. Motion to dismiss is hereby granted and this cause is dismissed. 105 ORDER ON MOTION TO VACATE DISMISSAL

HOLDERMAN, J. This matter comes before the Court upon Claim- ant’s request that the Court’s order of May 8, 1985, dismissing this claim be vacated and Respondent’s motion to dismiss be denied. Respondent’s motion to dismiss, filed January 4, 1985, requested dismissal on the grounds that Claimant “executed a full and unqualified release dated July 15, 1983, for damages arising from this occurrence.” Claimant, in her brief in response to motion to dismiss, dated July 2, 1985, states that her attorney never received a copy of Respondent’s motion to dismiss and the first notice she had of said motion was the order entered by the Court on May 8,1985. Said brief also sets forth that on June 13, 1985, the parties appeared on a status call before Commissioner Robert E. Cronin who granted Claimant 21 days to file the instant memorandum in opposition to Respondent’s motion and granted Respondent 21 days to respond and set the matter for status hearing on October 16,1985. It is hereby ordered that the Court’s order of May 8, 1985, dismissing said claim be, and the same is, vacated, and this matter is continued until the hearing on October 16, 1985, before Commissioner Cronin.

ORDER ON MOTION TO DISMISS

HOLDERMAN, J. This matter comes before the Court upon Respon- dent’s motion to dismiss and amended motion to dismiss. This matter arose as a result of a motorcycle accident on August 3, 1982, near the intersection of 106

Ogden Avenue and Washington Street in Naperville, Illinois. On January 4, 1985, Respondent filed a motion to dismiss which was granted by the Court’s order of May 8, 1985. On May 28, 1985, Claimant filed a motion to vacate the dismissal order, and on August 8, 1985, the Court entered an order granting Claimant’s motion to vacate and continuing Respondent’s motion to dismiss for hearing. The record shows that Claimant Lorraine Prencipe executed a full and unqualified release of all claims dated July 15, 1983, for all damages arising from this occurrence. Said release states, in part: “. . . all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and other compensation whatsoever, which the undersigned now hadhave or which may hereinafter accrue on account of or in any way growing out of any and all known or unknown, foreseen and unseen bodily and personal injuries and property damage and the consequences thereof resulting or to result from the accident, casualty or event which occurred on or about the third day of August, 1982 at or near the intersection of Ogden Avenue and Washington Street, Naperville, Illinois.” Respondent’s motion to dismiss calls attention to the fact that the aforementioned release does not contain an express reservation of rights and that it is clear on its face that it is a full or unqualified release as to one indivisible injury. Respondent’s motion further states that in Porter v. Ford Motor Co. (1983), 96 Ill. 2d 190,449 N.E.2d 827, the Illinois Supreme Court held that a full or unqualified release given to any one of those concurring in its cause releases both joint and independent concurrent tort- leasors; further, such releases are to be given the presumption of validity. (See Wasmund v. Metropolitan Sanitary Dist. (1985), 135 Ill. App. 3d 926, 482 N.E.2d 351.) Respondent further states that the language of the 107 release executed by Claimant Lorraine Prencipe falls within the ambit of and is governed by the Porter decision and therefore, the release bars any and all claims arising out of the occurrence which is the subject of said release. It is the opinion of this Court that the release executed by Claimant is a full and complete release of all claims that might arise out of the accident complained of. Motion to dismiss is granted and said cause is dismissed.

(No. 83-CC-2334-Claim dismissed.)

KATHY STANLEY, Claimant, v. THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS, Respondent. Opinion filed November 21,1985. Order on motion to dismiss filed April 4,1986. Order on motion to dismiss filed September 8,1986.

HEYL, ROYSTER, VOELKER & ALLEN, for Claimant.

FRANKLIN, FLYNN & PALMER, for Respondent.

PRACTICE AND PRocEDuRE-factors, considered in determining whether verdict will be directed. In determining whether a motion for a directed finding should be granted, the Court of Claims must look solely to the evidence presented by the Claimant in its case in chief and determine whether, based on that evidence, a prima facie case of negligence has been made. NEGLIGENCE-What necessary to establish prima facie case of negligence. In order to establish prima facie case of negligence, the Claimant has the burden of proving by a preponderance of the evidence that the State was negligent, that the negligence was the proximate cause of the injury, and that damages naturally flowed from the injury. 108

SAME-state hospital’s duty to patients. A State hospital is not an insurer of its patients, but it does owe them a duty to exercise reasonable and ordinary care in their treatment, and in order for a Claimant to recover on a tort theory of liability for injuries arising from care in a State hospital, the Claimant must establish that the State, through its agents breached its duty of care.

SAME-alleged negligent treatment of horse-Claimant failed to meet burden of proof-findingdirected for State. In an action alleging that a State hospital negligently treated Claimant’s horse, the Court of Claims directed a finding on the negligence theory against the Claimant, since the Claimant failed to meet her burden of proof, the Claimant failed to present any expert testimony concerning the drug administered to her horse or of the standard of care in the community, and Claimant failed to present any evidence that the administration of the drug was the proximate cause of the horse’s injuries.

SAME-alleged negligent treatment of horse-res ipsa loquitur not applicable. The doctrine of res ipsa loquitur was not applicable to an action alleging negligent treatment of a Claimant’s horse by a State hospital, since the evidence established that the Claimant was actively involved in the positioning of the horse during the treatment, and therefore the State was not in exclusive control of the horse at the time of the alleged injury and there was no evidence that there was a deviation from the normal standard of care when the CT-scan equipment made contact with the horse during treatment. CoNTRAcrs-treatment of horse-breach of contract claim dismissed- brief not timely filed.The Court of Claims dismissed a claim alleging breach of contract in the treatment of the Claimant’s horse by a State hospital, since the Claimant failed to timely file her brief with respect to the breach of contract argument as ordered by the Court.

MONTANA, C.J. This cause is before the court on Respondent’s motion for directed verdict at the close of Claimant’s case in chief. Respondent’s position is that the evidence adduced by Claimant during its case in chief, even when viewed in the light most favorable to Claimant, does not establish a prima facie case of negligence. Claimant filed her claim against the board of trustees of the University of Illinois alleging a breach of contract and negligence in the treatment of her horse, Sylvan Motaj, an Arabian gelding during a lameness examination which was performed on the horse. I

109

At the end of March 1981, Sylvan Motaj, known hereafter as “Mo,” injured himself. A decision was made to bring “Mo” to the University of Illinois at Champaign for an examination to determine the nature of the injury. Upon examination by Dr. Boero of the University of Illinois Large Animal Clinic, a series of X rays and a CT- scan were ordered for the front legs of the horse. I I The facility at the University of Illinois had the only i CT-scan capabilities in the area. 1 I Claimant testified that before the CT-scan, she 1 advised two students or technicians who were going to tranquilize the horse that “this horse does not do well on Rompun. It’s not a good tranquilizer for him.” The I tranquilizer was given to the horse before she could object further. The CT-scan proceeded. Because no problems were detected with respect to I the front legs, the CT-scan was directed to the hind legs I of the horse. Also the horse was repositioned to I I accomplish this with the very active assistance and direction of Claimant. At that point, Claimant told a ~ person raising the equipment to be careful. Nonetheless, the equipment did touch the horse. The horse then kicked and injured his left hind leg. The cut went to the I bone. According to Claimant, because of the injury the horse is not capable of being a show horse and can only be a trail horse. Claimant was not able to complete a i pending sale and had expenses for veterinarians and other consequential expenses. The cross-examination indicated Claimant dis- ~ cussed the CT-scan with Dr. Boero but did not tell him anything about not using Rompun. She did not place any information about Rompun in writing, did not order the

I technician to stop injecting Rompun, and did not ask the i technician for his name. iI 110 At the trial, at the close of Claimant’s case, Respondent made a .motion for directed verdict. The Commissioner ruled that under the present rules of the Court of Claims, the Commissioner did not have the authority to grant such a motion. However, the Commis- sioner required the Respondent to go forward with its case without prejudice to its position that it was entitled to a directed verdict at the close of Claimant’s case. In deciding the motion for directed finding as to the tort claim, the Court must look solely to the evidence presented by Claimant in its case in chief and examine that evidence and determine if a prima facie case of negligence has been made. For Claimant to prevail on a tort theory, Claimant has the burden of proving by a preponderance of the evidence that the State of Illinois was negligent, that such negligence was the proximate cause of the injury and that damages naturally flowed therefrom. (Mount v. State (1977), 31 Ill. Ct. C1. 304.) A State hospital is not an insurer of the well-being of its patients but it does owe them a duty to exercise reasonable and ordinary care in their treatment. (Mazurek v. State (1975), 30 Ill. Ct. C1. M7.) To recover on the tort theory of liability, Claimant must prove the Respondent breached this duty owed to her. The State was under a duty to use such reasonable care as the known conditions required. (Zngrum v. State (1979), 33 Ill. Ct. C1. 134; Todd v. State (1978), 32 Ill. Ct. C1. 87.) Unless Claimant can prove the agents of the State were negligent, that the CT-scan was improperly administered, or the injection of Rompun was a negligent act, then the claim must fail. Tolen v. State (1979), 32 Ill. Ct. C1. 628. Respondent in its motion for directed finding as to the tort claim argues that no evidence was elicited by Claimant by any expert testifying to the effects of the 111 drug Rompun or that the administration of the drug was the proximate cause of the injury to the horse. Claimant argues that the technician permitting the equipment to touch the horse was proof of negligence, that the negligence was so gross that experts are not required, and that the doctrine of res ipsa loquitur is applicable. However, the arguments of Claimant are in the most part based on the testimony of Dr. Boero. This testimony will not be considered in determining the motion for directed finding because it was elicited in the Respondent’s case. Respondent is correct that no expert testimony was elicited during Claimant’s case ’in chief concerning the effects of Rompun, the standard of care in the community, or that the administration of Rompun was a proximate cause of the injuries to the horse. Therefore, Claim- ant has failed to meet its burden of proof. O’DonneZZ v. State (1980), 34 Ill. Ct. C1. 12; Porter u. State (1965),’25 Ill. Ct. C1. 62. Res ipsa loquitur, while applicable to medical malpractice cases, is of no help to Claimant because Claimant actively assisted, in positioning the horse and therefore Respondent was not in exclusive control. Further, there is no evidence that making contact with the horse during a CT-scan is a deviation from the normal standard of care. (Krotser v. State (1980), 33 Ill. Ct. C1. 244; lngram, supra; O’Donnell, supra.) Put another way, there is no evidence that it was negligence on Respondent’s part because a part of its equipment touched the horse. The motion for a directed finding on the negligence theory of liability is granted and the cause of action for negligence is dismissed. The case is remanded for the parties to brief their positions on the breach of contract theory on an expedited basis. 112 ORDER ON MOTION TO DISMISS

MONTANA, C.J. Respondent has moved for an order of dismissal due to Claimant’s failure to file her brief with respect to the breach of contract theory by January 27,1986. It is hereby ordered as follows: a. Claimant is granted 30 days from the date of this order to file her brief with respect to the breach of contract theory. No further extensions will be granted. b. If Claimant’s brief is not timely filed, upon motion by Respondent, this claim will be dismissed. c. Respondent’s motion to dismiss is denied for the present without prejudice to Respondent renewing the motion if Claimant does not comply with the provisions of this order.

ORDER ON MOTION TO DISMISS

MONTANA, C.J. Respondent has moved for the entry of an order of dismissal due to Claimant’s failure to file her brief in accordance with the order of this Court filed on April 4, 1986. Because Claimant has not complied with this Court’s order of April 4, 1986, which stated that if Claimant failed to file her brief within 30 days of April 4, 1986, this claim would be dismissed, it is hereby ordered that this claim is dismissed. 113

(No. 83-CC-2545-Claimant awarded $20,000.00.)

PAUL PETRUSAK, Claimant, v. THE STATE OF ILLINOIS, Respondent. Opinion filed May 14,1987.

TIMOTHY T. MCLAUGHLIN,for Claimant.

NEIL F. HARTIGAN, Attorney General (H. ALFRED RYAN, KATHLEEN O’BRIEN,and JOHN BUCKLEY, Assistant Attorneys General, of counsel), for Respondent.

PRISONERSAND INMATm-Stute is not insurer of safety of inmates. The State of Illinois is not an insurer of the safety of inmates in its custody, but it does have a duty to exercise reasonable care to prevent inmates from suffering harm at the hands of other inmates, and the determination of what is reasonable under the circumstances depends on the facts of each case viewed in light of the prison environment and the discretion which must be accorded prison officials. NEGLIGENCE-injUTY to inmate-factors considered in determining foreseeability. In a case based on an injury sustained by a prison inmate at the hands of another inmate, the foreseeability of potential for harm must be proved by a preponderance of the evidence, and foreseeability must be judged by the facts of each case and by taking judicial notice of the prison environment. PRISONERS AND INMATES-inmate stubbed by other inmate-state negligent-award granted. An award was granted to a Claimant who was stabbed by a fellow inmate of a State correctional facility, since the record established that the Claimant had asked to be placed in protective custody and the prison officials were informed of the Claimant’s concern regarding a potential attack, and yet they failed to take reasonable precautions and failed to comply with their own regulations concerning such situations, and the Claimant was not guilty of any contributory negligence.

MONTANA, C.J. Paul Petrusak, a former inmate at the Pontiac Correctional Center, brought this action sounding in tort for personal injuries received in a stabbing incident while he was incarcerated. A hearing was held by Commissioner John Simpson, briefs were filed, and the Commissioner filed his report. This is a serious matter and the Court has given it careful consideration. The State is not an insurer as to the safety of an 114 inmate in its custody. It does however have a duty to exercise reasonable care under the circumstances to prevent its inmates from suffering harm at the hands of other inmates. What is reasonable under the circumstances will necessarily vary from case to case. Reasonableness has to be judged in view of the prison environment. In this type of case we must recognize, and take care so as not to unduly interfere with, the large amount of discretion which must be accorded prison officials in handling the day-to-day affairs of operating an institution for persons convicted of crimes. Foreseeability of potential for harm is a necessary element which must be proven by the preponderance of the evidence in this type of case. What is foreseeable necessarily must be judged by the facts in each case and by taking judicial notice of the prison environment. The facts in the case at bar are for the most part undisputed. Most of the arguments in the briefs were directed at the weight to be attached to the facts and the conclusions to be drawn from them. The evidence was as follows. Prior to the incident the Claimant had been working in the officers’ kitchen. On or about December 1, 1982, the Claimant was apprehended taking a 100 pound bag of sugar from the officers’ kitchen. As a result of this offense, he lost his job. Up to that time he had been residing in cell 338. This cell was in an area reserved for certain assigned workers. With the loss of his job, the Claimant was no longer qualified for a cell in this area. Shortly thereafter, on December 7,1982, the gallery officer notified Claimant he had been assigned to a cell in gallery five. Claimant refused to move stating that because he would not join a gang called the Northsiders 115 he would be dead in a week if he moved to gallery five. He wrote a note to one Lieutenant Staley asking to be put in protective custody. Following receipt of the note by Lieutenant Staley, Claimant was taken the same day to the office of Warden McGinnis for an interview. Claimant explained his problem to Warden McGin- nis and asked to be put in protective custody: ‘‘0. What if anything did you say to the warden? A. I explained the same thing to the warden and the food supervisor as I explained to Lieutenant Staley, a gallery officer, that my life had been threatened by a gang member for refusing to join, and once I was removed from three gallery, as they say, it was all over with. Q. Did you request protective custody? A. Yes, sir, I did.” (Tr. 95.) Contrary to Department of Corrections regulations (as will be discussed later on) Warden McGinnis did not immediately put Claimant in protective custody, but temporarily put him on deadlock status in a cell on gallery four pending investigation of the matter: “Q. What if anything did Warden McCinnis say to you in response to that situation? A. After I explained the situation to him, he said that I would temporarily be removed to the back of four gallery which is used basically as a deadlock gallery as investigation for segregation purposes. Q. What if anything did he say to you about protective custody? A. He said it would have to be investigated for them to determine whether I rated protective custody or not, to prove my allegations.” (Tr. 95.) Claimant was then moved to cell 448 where he remained until December 16,1982. Because Claimant had refused to move, a disciplinary ticket was written on him. In response to the ticket, on or about December 11, 1982, he appeared before the adjustment committee and again asked for protective custody. On December 15,1982, inmate Randy Brackett (the 116 inmate who stabbed Claimant on December 16, 1982) tried to stab Claimant through the bars of cell 448. “Mr. McLaughlin: Q. What if anything unusual happened on December 15, 1982? A. It was sometime before twelve o’clock, before the noon meal, when I was approached by a man. As far as I know, I had never seen him before. He was a resident. He called me to the bars of the cell and said he wanted to talk to me for a minute. I stepped up to the bars and folded my arms, and he stood there, and he asked me what my name was, and I told him, and he reached through the bars and grabbed me by my T-shirt; and as soon as he grabbed me, Randy Brackett stepped around the corner from the cell next to mine and tried to put his hand through the bar. He had a knife in his hand. When the hand came through the cell, I tried to pull him in. I ripped the front of my T-shirt. At that time, Lieutenant Croskreutz walked through the back of the gallery. I was three cells from the end, so he saw everything that was going on. Lieutenant Groskreutz ordered me to let him go and Brackett took off toward the front of the gallery which is all the way on the other end. He went through the main gate and down the stairs. The gentleman who grabbed my shirt jumped over the gallery off of four gallery on to two and underneath the walkway where you couldn’t see him, and that’s when Lieutenant Croskreutz came in the gallery. He asked me what had happened, and I told him, and he left me; and about ten minutes later, Lieutenant Croskreutz came back; and he handcuffed me and took me to the investigator’s office.” (Tr. 97-98.) Again Claimant was not put in the protective custody unit but was sent back to cell 448, but the cell was deadlocked: “0. What did you say to the investigator and what did he say to you? A. I explained the situation to him again from the beginning, starting as of December 7th; and I described the occurrence that had just taken place, and he temporarily assigned me to P.C. deadlock pending investigation. Q. What happened then? A. That’s when I was returned to the back of four gallery. Q. Were you placed on deadlock? A. Yes, sir.” (Tr. 100.) Immediately following the incident Lieutenant Groskreutz searched inmate Brackett for the knife. Although no weapons were found on inmate Brackett, in an interview with Brackett by one Sergeant Epley 117 conducted the day of the stabbing which gave rise to this claim Brackett stated he had the knife on his person: “Q. Did you have a homemade knife yesterday? A. Yes, the same shank I used to stab him with today. Q. Where have you been holding the shank since yesterday? A. I had it when Lt. Groskreutz shook me down yesterday on one gallery. I had the shank in the front of my pants and Groskreutz missed it. He took me to my cell #246 south cellhouse, shook down my cell and I then went in the cell with my shank on me.” Exhibit 2 On December 16, 1982, in the early afternoon, two officers came to Claimant’s cell and told him that he was being transferred to the protective custody unit in the north cellhouse. He packed his property into some boxes. He was handcuffed with his hands in front of him. He carried two of the boxes and the officers carried the others. When they reached the first floor they stopped in front of the sergeant’s cage to sign Claimant out of the building. At that instant Brackett ran down a flight of stairs, rushed up to the Claimant and stabbed him in the back. Prior to the stabbing Officer Berry noticed Brackett loitering on a landing on four gallery. He told Brackett to go to his cell but Brackett declined saying he was waiting to talk to someone. Brackett’s stated motive for stabbing the Claimant differed from what the Claimant previously stated. Brackett said he was a gang member who had been ordered to put a “hit” on the Claimant as a favor to another gang outside of the prison because the Claimant was a “stool pigeon.” Exhibit 1. Although Claimant was standing upright with a nine-inch knife in his back, at the outset the officers were too confused to render him any immediate assistance. 118

He persuaded the officer at the main door to let him out and he started walking towards the hospital. “I walked around the kitchen, around the dry dock, and I was about 40 feet from the main intersection, the main crosswalk of the cell house before the officers finally started catching up to me. That’s when my knees started getting wobbly. I was barely moving.” (Tr. 108.) He passed out and when he woke up he was lying on a stretcher at the intersection. “A. I was numb from my shoulders almost to my knees from the cold because it was snowing, and I was laying there with no clothes on. Q. Were you covered with anything? A. No.” (Tr. 109-110.) Finally after an additional delay of about 15 minutes he was taken to the infirmary at the penitentiary, accom- panied by about 15 officers, the investigator, and four or five of the hospital staff. The knife was in his back the whole time. After more delay in the infirmary, the institution physician removed the knife and the Claimant was transferred to St. James Hospital in Pontiac. He had surgery there. Because his progress was unsatisfactory, after approximately a week in St. James Hospital he was transferred to St, Francis Hospital in Peoria where he remained a few days. He was then returned to St. James Hospital in Pontiac. He returned to the Pontiac Illinois Correctional Center on December 30, 1982, and was discharged from the penitentiary the following day, December 31,1982. ISSUES I. Was the State guilty of negligence? We find that the following acts or omissions taken as a whole do constitute negligence on the part of the State in the handling of this matter. 119

A. The authorities at Pontiac Correctional Center did not put Claimant immediately into protective custody when he asked for it. Claimant’s Exhibit No. 15 is an inmate disciplinary report written by Gallery Officer Jackson on December 7, 1982, when Claimant refused to move from cell 338 to cell 522 as ordered: “Charge: 307 unauthorized movement 403 disobeying a direct order, 404 violation of Rules. Observation: At about 9:OO a.m. December 7,1982, I c/o Jackson told Res. Petrusak #N21164, he had to move from 338 to 522. Res. Petrusak told me c/o Jackson he refuses to move on five gallery because, if I move I would be dead in a week. Resident Petrusak wrote a letter to Lt. Staley saying he wanted to go to P.C.” As a result of the letter to Lieutenant Staley, Claim- ant was taken to Warden McGinnis for an interview. He again asked to be put in protective custody. Administrative Regulation 808 specifically provides that the inmate requesting protective custody shall be reassigned from the general population to protective custody as “expeditiously as possible,” and that the investigation as to whether his request is well-founded shall be made within 10 days thereafter. In other words, the inmate is put into protective custody immediately on his request, and then the matter is investigated. “2. Within 10 working days after a committed person has been placed in protective custody, he shall appear before the Assignment Committee who shall make recommendation to the Chief Administrative Officer concerning the necessity of continued protective custody placement. The following factors, among other matters, may be considered by the Assignment Committee in making its recommendations: a. Size, stature, age, degree of aggressiveness, criminal history, any history of being victimized;

b. ldentijication of a specific individual who has threatened and can be expected to continue to threaten to physically harm the committed person requesting protective custody status; 120

c. Institutional records that indicate the person has previously had difficulties adjusting within the general population due to pressure from other committed persons; d. Written or verbal reports from correctional employees or others, or e. Other information that in the Committee’s judgment makes continued protective custody placement necessary. 3. The Chief Administrative Officer or his designee shall make the final determination. The committed person shall be informed of the decision in writing. In the event that the Chief Administrative Officer or his designee determines that the person should be removed from protective custody because his protective custody needs cannot be substantiated, a copy of the decision shall be personally served upon the committed person. 4. If the committed person intends to grieve the decision, he must indicate his intent to do so in writing at the time he is served with the Chief Administrative Officer’s decision. a. The Chief Administrative Officer or his designee shall notify the Administrative Review Board who will review the grievance and provide recommendations to the Director within 15 working days of its receipt. The Director or his designee shall make the final determination. b. While the grievance is pending, the committed person shall remain in the protective custody area.” Administrative Regulation 808 Thus we see that even if it is determined that the inmate does not need protective custody, if the individual wishes to grieve the decision he shall be kept in protective custody pending the hearing of his grievance. In this case the authorities merely put Claimant on gallery four, and said it would have to be investigated whether Claimant merited protective custody. “Q. What if anything did he say to you about protective custody? A. He said it would have to be investigated for them to determine whether I rated protective custody or not, to prove my allegations.’’ (Tr. 95.) The authorities’ actions were contrary to Adminis- trative Regulation 808. If Claimant had been put into protective custody on December 7, 1982, he would not have been stabbed on December 16,1982. 121

When he again asked for protective custody on December 15, 1982, after the abortive attempt to stab him, the transfer was delayed until the following day, again making it possible for him to be stabbed on December 16,1982. B. The search of inmate Brackett following the I‘ abortive stabbing attempt was incomplete. As previously set forth, inmate Brackett claimed to have had i the knife on his person at the time he was searched I following the December 15, 1982, incident. The knife is described as follows: i “Metal length approximately 9 inches long, handle wrapped in black elecbical tape, approximate width of blade 1/2 inch long, end of blade pointed.” This knife was not found. We think that a more thorough search would have found it. The Respondent suggested that perhaps the knife was not there and that Brackett may have been lying. We will never know. What we do know is that the lower abdomen and groin area where ~ Brackett claimed to have secreted the knife was not I

~ searched. I I C. The administration’s handling of inmate Brack- ett following the initial assault was lax. Brackett was i permitted to remain at large in the institution after it was i known he had attempted to stab the Claimant. Thus i Brackett, who somehow knew when the Claimant was I going to be moved out of the cellhouse, was able to lie in wait for him. Ii The following is an incident report filed by Officer Berry: I “I officer Berry #514 came down from 5 gallery. In the process of the cage i I c/o Berry #514 noticed Resident Brackett A86188 sitting in the window on i Front Flag of 4 gal. I c/o Berry told Resident Brackett A86188 to lock it up. Hesident Brackett A86188 told me c/o Berry I will in a minute. I am waiting to talk to someone on 4 gal.” (Ex. 7. Emphasis supplied.) 1 I 122

Furthermore none of the officers involved in moving Claimant on December 16, 1982, nor Officer Berry, had been alerted to the fact that Claimant was being moved because he was in danger from resident Brackett.

The administration failed to comply with the provisions of the Department directive for institutional internal investigations.

This matter is covered in the direct examination of Warden McGinnis: “Q. I am going to hand you what has been marked as Exhibit 18. Could you briefly describe that for us?

A. That’s a directive dated November 1, 1982, relative to the Institutional Internal Investigations; and it’s signed by me. Q. I assume that was in effect in December of 1982? A. Yes, it was. Q. This does relate to an investigation to be conducted when one inmate accuses another of an assault, doe9 it not? A. Yes. Q. In Paragraph D-la, it reads, “All possible precautions should be taken to protect the safety of all those involved in the investigation;” is that correct? A. Yes. Q. The paramount concern or one of the paramount concerns during the investigation is to protect the inmate who alleges that he has been assaulted? A. That’s correct. Q. It would be possible, would it not, when somebody in Mr. Petrusak’s position is being moved out of the general population cell to have somebody observe the accused inmate, in this case Brackett, have somebody just go and keep an eye on him? A. That’s certainly possible, yes. Q. It would be possible even to have a guard assigned to go shake Brackett down again, would it not? A. That’s possible, yes. Q. You do have discretion to shake somebody down whenever you feel the need? 123

A. That’s correct. Q. It would be possible to simply instruct Brackett to go to his cell and to lock his cell while Petrusak is being moved out of the cell house; is that correct? A. That’s possible, too.” (Tr. 30-31.) While we recognize that fears and threats of assaults in the prisons may be common occurrences, we feel that the Respondent’s actions in the handling of this incident were unreasonable. We want to make it clear though that it is not our intention to interfere with the Respondent’s discretion. We are not saying unless you do this or do not do that we are going to find negligence. We are saying that, taken as a whole, the Respondent’s conduct in this matter was unreasonable and the stabbing would have been preventable in the exercise of reasonable care. 11. Was the negligence of the State the proximate cause of the Claimant’s injuries? It is clear that inmate Brackett’s intentional acts were the immediate cause of the Claimant’s injuries. However, this third-party criminal act was reasonably foreseeable and in the context of this case the negligence of the Respon- dent was the proximate cause of the injuries. 111. Was Claimant guilty to any degree of contributory negligence? No. Claimant notified the administration of his danger in ample time. When he was attacked he was in handcuffs. IV. Citations. Before going on to a discussion of Claimant’s damages it should be mentioned that the Court of Claims cases cited by Respondent in its brief are all distinguishable from the case at hand. 124 Dorsey v. State (1977), 32 Ill. Ct. (3.449. In this case the assault on Claimant was without warning and committed by a man Claimant barely knew. There was nothing in the record of the assailant that would have put the State on notice that such an attack would occur. Neither Claimant nor the State had any advance information whereby the assault on Claimant could have been anticipated. Therefore, in Dorsey the State was not guilty of negligence. Allen v. State (1979), 33 Ill. Ct. C1. 11. Here again the State had no actual or constructive knowledge that the assailant would assault the Claimant. American States Znsurance v. State (1959), 23 Ill. Ci. C1. 47. This case has no relevancy. It is a claim for property damage to automobiles committed by juve- niles who escaped from a reformatory. The Court found that there was no negligence on the part of the State in the boys’ escape from camp. Since this case was tried and briefed, other decisions in cases involving attacks on inmates by other inmates have been reported. Skai v. State (1982), 35 Ill. Ct. C1. 857. In this case the inmate who was assaulted was in protective custody and there was some knowledge on the part of the Respondent that the Claimant would need protection, which was one reason why the Claimant was in protective custody. However, minimum effort on the part of the Claimant would have placed,him beyond the reach of his assailant. Under the facts in the case the Respondent had exercised reasonable care. Carev v. State (1981), 35 Ill. Ct. C1. 96. This case involved a breach of a prison regulation which led to an attack causing serious injuries. It differs from the case at bar in that the purpose of the regulation was not to 125 protect residents but to control their movement. Moreover, the important element of foreseeability was not established in that there was no reason for the officers to anticipate third persons would commit a criminal act against the Claimant as a result of the breach of the regulation. Woodfork v. State (1983), 36 Ill. Ct. C1. 182. Foreseeability in this case was not established due to the Claimant’s failure to adequately inform the authorities of the nature of the problems he was having. V. Damages. The penetration of the knife into Claimant’s back resulted in extensive loss of blood and the forming of a large internal hematoma. However, no damage was done to Claimant’s organs such as his kidneys or spleen, nor was any artery severed. He suffered severe pain while he was hospitalized. The pain and cramps persisted so that he was unable to work for six months after his discharge from the penitentiary. He testified that he still has some stomach pains. He first went to work in July of 1983, but had to quit because, as a result of the stabbing, he could not lift drywall which was part of the job. At the time of the hearing he was employed doing general maintenance at a home for retarded children in Wauconda, Illinois, and experiencing some difficulty with lifting. There is no proof that his ability to earn his living has been limited or reduced, except for his inability to do heavy lifting. There were no medical expenses. It is hereby ordered that the Claimant be, and hereby is, awarded the sum of $ZO,OOO.OO in full and final satisfaction of this cause of action. 126

(No. 84-CC-0533-Clairnant awarded $15,000.00.)

DOROTHY QUINN,Special Administrator of the Estate of Michael Grider, deceased, Claimant, 0. THE STATE OF ILLINOIS, Respondent. Opinion filed May 6,1987.

STEINBERG, BURTKER & GROSSMAN, LTD., for Claim- ant.

NEIL F. HARTIGAN, Attorney General (RALANDA WEBB, Assistant Attorney General, of counsel), for Respondent.

HOSPITALS AND INSTITUTlONS-TeSident of developmental facility drowned-stipulation-award granted-nonprecedential. An award was granted to the administrator of the estate of a resident of a State developmental center who drowned when he was transferred to a private care facility near Lake Michigan and allowed to go near the lake without supervision, but the award was specifically declared not to be precedent in future claims which may be filed.

SOMMER, J. This matter coming to be heard upon the joint stipulation of the parties for the entry of judgment: That the Claimant’s decedent was a resident of the Dixon Developmental Center, an Illinois Department of Mental Health and Developmental Disabilities facility. Pur- suant to a placement decision initiated by the Department, the decedent was transferred to a private care facility. That at all times subsequent to his transfer to private care, the Department retained and exercised monitoring, licensing and advisory powers with respect to the decedent’s placement. That on or about September 13,1981, Michael Grider was absent from the premises of the private care facility located on the shores of Lake Michigan in Chicago, Illinois, without supervision and drowned in Lake Michigan. At the time of his death Michael Grider was 19 years old. 127 The Court further finds that the Respondent denies responsibility for the death of Claimant’s decedent and that the parties have determined that in their respective best interests, and without admission of fault, this cause shall be settled and compromised in the sum of fifteen thousand ($15,000.00) dollars and the Court under the circumstances finds that said sum is fair, reasonable and just. This opinion shall in no way act as precedent in future claims which may be filed. It is hereby ordered that Claimant, Dorothy Quinn, Special Administrator of the Estate of Michael Grider, deceased, be awarded the total sum of fifteen thousand ($15,000.00) dollars in full and final settlement of all claims which are the subject matter of her complaint.

(No. 84-CC-1164-Claimant awarded $967,539.00.)

DELPHI ASSOCIATES, INC., Claimant, 0. THE STATE OF ILLINOIS, Respondent. Opinion filed December 1,1986.

SAMUEL J. GALLO,for Claimant.

NEIL F. HARTIGAN,Attorney General (MICHAEL TAYLOR, Assistant Attorney General, of counsel), for Respondent. CoriTRAcTs-contract to design information system-State applied liquidated damages clause-stipulation-award granted. The Claimant filed an action alleging that the State improperly withheld funds under the liquidated damages clause of a contract by which the Claimant was to design and implement an information system for the State, and pursuant to the stipulation of the parties, an award was entered for the Claimant in full and final settlement of the claims arising from the completion of the contract. 128

PATCHETT, J. This cause comes on to be heard following the filing of a joint stipulation whereby the parties have agreed to a settlement of this matter and are seeking an award from the Court. The parties stipulated as follows: 1. In September of 1978, the parties, Delphi and the State of Illinois, entered into a contract which provided that Delphi would design and implement a Medicaid Management Information System, to be used by the State of Illinois. The contract was twice amended by the parties. The maximum contract price provided in the second amendment was $6,509,457. 2. The contract contained a liquidated damages clause which permitted the State of Illinois to withhold up to 15%of the contract price, in the event that Delphi did not complete the Medicaid Management Inf orma- tion System in a timely fashion. 3. The contract, as amended, provided for completion of an operational Medicaid Management Informa- tion System by September 30,1980. 4. The contract, as amended, provided that the completion date would be extended upon the occurrence of certain events, thereby extending the date upon which the liquidated damages clause became effective. 5. The Medicaid Management Information System became operational in the Fall of 1981. The parties have disputed the question of whether the completion date in fact was extended as provided for in the contract, as amended. 6. The State of Illinois withheld from Delphi payment of the sum of $967,539 as liquidated damages. 7. Delphi thereafter filed suit against the State of 129 Illinois contending that the liquidated damages clause was being improperly applied; that the completion date in fact had been extended in accordance with the terms of the contract, as amended; that the contract, as amended, entitled Delphi to an adjustment in the contract price based on State caused delays; that the State owed Delphi additional sums for out of scope work and rental reimbursement; that the State’s failure to renew the contract in accordance with the terms of the contract caused Delphi additional damages. 8. As a result of these claims Delphi asserted that in accordance with the terms of the contract, as amended, the State owed Delphi (1) a sum in excess of $2,000,000 for adjustment of the contract price, as amended, resulting from State-caused delays; (2) the sum of $967,539 for liquidated damages being wrongfully withheld by the State; (3) damages in the amount of $225,000 for the State’s failure to renew the contract as required by the contract’s terms; (4) rental expense reimbursement in the amount of $90,000; and (5) payment for out of scope work in the amount of $59,184. 9. The parties have now completed extensive discovery, including depositions and document production, and legal research on the issues of the case. As a result of these efforts the parties have entered into settlement negotiations for the purpose of fairly resolving the issues and avoiding a complex, extended trial. 10. As a result of these negotiations the parties have agreed to settle the entire matter for the sum of $967,539, which represents the amount of the contract price, as amended, which was withheld for liquidated damages. Payment of this sum by the State to Delphi would keep the total payments received by Delphi for the project 130 below the total contract prices as agreed to by the parties and approved by the legislature. 11. Delphi, in consideration for payment of the settlement amount agreed to by the parties, will release all the other claims against the State. 12. The funds withheld from Claimant Delphi have lapsed and must therefore be paid by an award from this Court. The Medicaid Management Information. System project took place over several years and Delphi Associates, Inc. was to receive progress payments for its work in fiscal years 1979, 1980 and 1981. The payments to Delphi Associates, Inc. were from Appropriation Number 001-47835-1200-0000. The amount of the lapse in each fiscal year is reflected in'exhibit one. The amount of lapse in each year was sufficient to cover the portion of progress payment withheld in each fiscal year. 13. The State of Illinois agrees to stipulate to an award in favor of Delphi Associates, Inc. in the amount of $967,539 in full settlement and satisfaction of Delphi's claims against the State of Illinois in this matter. 14. Delphi Associates, Inc., agrees to accept the amount of $967,539 in full settlement of its claims against the State of Illinois in this matter and, further, agrees to release the State of Illinois from any further liability which might be asserted as a result of the Medicaid Management Information System. Wherefore, the parties jointly pray that this Court enter an award on behalf of Delphi Associates, Inc., in the amount of nine hundred and sixty seven thousand and five hundred and thirty nine dollars ($967,539). This Court is not bound by such stipulations but it 131 does not seek to interpose controversy where none exists. We have reviewed the stipulation and the record in this matter. We approve the settlement and will enter the award. It is hereby ordered that the Claimant herein, Delphi Associates, Inc., be and hereby is awarded the sum of $967,539.00 (nine hundred sixty-seven thousand, five hundred thirty nine dollars) in full and final satisfaction of this claim.

(No. 84-CC-1417-Claim dismissed.)

RICHARD JATERKA, Claimant, 2). THE STATE OF ILLINOIS, Respondent. Order on motion to dismiss filed April 3,1984. Order on stipulation filed November 21,1986.

HELLER & MORRIS & ASSOCIATES, LTD., for Claimant.

NEIL F. HARTIGAN,Attorney General (ERIN O’CONNELL,Assistant Attorney General, of counsel), for Respondent.

PRAC~ICEA ND PRocEDuRE--factors considered in computing notice periods. The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this State, and then it shall also be excluded, and if the day succeeding such Saturday, Sunday or holiday is also a holiday or a Saturday or Sunday, then such succeeding day shall also be excluded. SAME-motion to dismiss denied-notice of claim timely filed. The Court of Claims denied the State’s motion to dismiss a claim arising from an automobile accident on the ground the notice of claim was filed one day late, since the record supported the Claimant’s contention that the notice was timely filed because the last day of the six-month filing period was a Sunday, and the notice was filed on the following Monday. STIPULATIONS-aUtOmObdf? accident-dismissed with prejudice. Based on the stipulation of the new parties, a claim arising from an automobile accident was dismissed with prejudice. 132

ORDER ON MOTION TO DISMISS

HOLDERMAN, J.

This matter comes before the Court upon motion of Respondent to dismiss and Claimant’s response to said motion.

Respondent bases its motion to dismiss on the ground that the accident on which this claim is based occurred on November 1, 1982, and that the notice of claim was filed on May 2,1983, one day late, in violation of section 22-1 of the Court of Claims Act (Ill. Rev. Stat. 1981, ch. 37, par. 439.22-l), which requires notice of claim be filed within six months.

Claimant’s response sets forth that May 1, 1983, was a Sunday and cites section 1.11 of “An act to revise the law in relation to the construction of the statutes” (Ill. Rev. Stat. 1981, ch. 1, par. 1012), which states:

“The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this State, and then it shall also be excluded. If the day succeeding such Saturday, Sunday or holiday is also a holiday or a Saturday or Sunday then such succeeding day shall also be excluded.”

Claimant also cited among his cases, in support of his position, In re Application of County Treasurer (1975), 26 Ill. App. 3d 753, which states that Sundays and holidays will be excluded in the statutory computation of notice period within which taxpayers might file complaints.

It is hereby ordered that Respondent’s motion to dismiss be, and the same is, denied, and this cause is ordered set for hearing before a Commissioner. 133 ORDER ON STIPULATION

HOLDERMAN, J. This cause coming to be heard on this date upon the stipulation for dismissal with prejudice filed herein by the above-named parties, and the Court having examined said stipulation and being fully advised in the premises, finds that the parties have stipulated and agreed to dismissal of the complaint with prejudice, and that the Court further finds that all costs have been paid. It is therefore ordered that the claim of the Claimant against the Respondent be and the same is hereby dismissed with prejudice.

(No. &I-CC-1448-Claimant awarded $124,398.09.)

STANKO PACKING COMPANY, d/b/a Nebraska Beef Processors, Claimant, 0.T HE STATE OF ILLINOIS DEPARTMENT OF CENTRAL MANAGEMENT SERVICES, PROCUREMENT SERVICES DIVISION, Respondent. Order filed July 1,1986.

MILLER, SHAKMAN, NATHAN & HAMILTON (R. DICKEY HAMILTON, of counsel), for Claimant.

NEIL F. HARTIGAN, Attorney General (MICHAEL TAYLOR, Assistant Attorney General, of counsel), for Respondent. STiPuLATioNs-contract for purchase of beef products-stipulated settlement-lapsed appropriations-award granted. Based on the joint stipulation of the parties and in recognition of the lapse of appropriations to pay the sums involved, an award was granted to Claimant who had 134

contracted to provide the State’ with beef and beef products, but was frustrated by the State’s interim refusal to make payment and accept shipments due to allegations of improper meat processing practices by a company owned by one of the owners of the Claimant, since the stipulation was a reasonable, full and final settlement of the claim.

MONTANA, C.J. This cause comes on to be heard following the filing of a joint stipulation whereby the parties have agreed to the entry of an award herein in the amount of $12,4,398.09. The parties stipulated as follows: 1. Claimant is a producer and seller of beef and beef products. Claimant’s total claim, excluding interest, is $177,044.33. The State and Claimant propose to settle that claim for $124,398.09.

2. In Fiscal Year 1984 the State of Illinois ordered from the Claimant various beef products, the total price of which was $140,485.65.These beef products were to be used by sixteen various State agencies and were to be paid for from eleven fiscal year 1984 line items. 3. Prior to September 20, 1983, Claimant had been selling meat products to the State and the State had been purchasing meat products from Claimant since 1976. Prior to September 20, 1983, all of the meat products tendered for sale by Claimant to the State were accepted and were found to be satisfactory to the State except for a portion of one 1979 shipment with respect to which it was found that Claimant had acted in good faith and that the problem, if any, was caused by the Meat Grading Branch of the United States Department of Agriculture. 4. Pursuant to contracts between Claimant and the State, beef and beef products with a value of $69,882.36 were delivered by Claimant to the State of Illinois, prior 135 to September 20, 1983. The State has not paid for the beef and beef products delivered.

5. Sometime prior to September 20, 1983, the State became aware of allegations regarding improper meat processing practices by the Cattle King Packing Company, a company that the State understands is owned by the person or persons who own Claimant. On September 20, 1983, the State wrote to Claimant and advised Claimant that it refused to pay for the beef previously delivered by the Claimant and also refused to accept any further shipments of beef.

6. The beef delivered by Claimant and in the possession of the State of Illinois has not been tested for contamination and, because the passage of time has rendered any tests inaccurate, it is now too late to scientifically determine whether the beef received by the State was contaminated. Claimant contends that the beef products it delivered to the State were in accordance with the requirements of the United States Department of Agriculture and in accordance with the State and contract specifications; it has so sworn in its complaint and is prepared to so testify at trial. The State has no evidence that the beef products delivered to the State by the Claimant were anything other than in accordance with the requirements of the United States Department of Agriculture and in accordance with the State and contract specifications.

7. Of the beef held in storage by the State of Illinois 640 pounds of hamburger patties, 1,820 pounds of beef clods and 1,000 pounds of diced beef have been destroyed due to spoilage. Said spoilage occurred when the freezer in which the beef was stored malfunc- tioned. 136 8. Beef and beef products which Claimant prepared for shipment to the State pursuant to contracts between them and which the State refused to accept has a value of $61,179.37. Claimant contends that because the meat has been prepared to satisfy State specifications, there is no market for the meat and it has not therefore been able to reduce the loss resulting from the State’s refusal to accept delivery. The State has no evidence to refute that contention. 9. Claimant contends that the beef products it prepared pursuant to the contract with the State and which the State refused to accept were in accordance with the requirements of the United States Department of Agriculture and in accordance with the State and contract specifications; it has so sworn in its Complaint and is prepared to so testify at trial. The State has no evidence that the beef products it refused to accept from Claimant were anything other than in accordance with the requirements of the United States Department of Agriculture and in accordance with State and contract specifications. 10. Claimant contends that reasonable storage charges for this meat comes to $4,381.75 for the period through December 14, 1983, and $51.55 per day thereafter, and the State has no evidence to refute that contention. The total storage charges so computed through February 28,1986, come to $45,982.60) 11. The Claimant’s total claim, excluding interest, is as follows:

Claimant also contends that in commercial transactions of the kind involved here it is entitled to interest on the money that has been withheld from it, and Claimant claims interest on both $69,882.36 (the value of the beef and beef products delivered) and on $61,179.37 (the value of the beef and beef products the State refused to accept). Interest on these amounts from October 1, 1983, throu h Februar 28, 1986, at a rate of 5%per annum, is $15,836.61. (Footnote inclufed in stipdtion) 137 Value of beef and beef products delivered to State ...... $69,882.36 Value of beef and beef products the State refused to accept...... $61,179.37 Storage ...... $45,982.60 Total...... $177,044.33 12. The parties have agreed that $124,398.09is a fair and just settlement in this case. 13. A settlement in this amount was previously presented to this Court. The Court declined to acquiesce in the settlement, citing sparseness of the record. Each of the above facts are true and many of them are now in the record pursuant to three sets of interrogatories and requests to admit facts that Claimant has served on the State. Also, because of additional storage since the settlement was first presented, Claimant’s claim is now $25,053.31 grea ter.2 14. Since the previous settlement was offered, the funds out of which these products would have been purchased have lapsed. Inasmuch as the Claimant has been able and willing to perform its obligations under the contract and the Respondent is unable to certify that the product delivered and offered was unacceptable, the Court should approve this settlement. 15. The departmental report of Central Manage- ment Services is attached hereto and incorporated herein. Wherefore, the Claimant and Respondent jointly pray that this Court enter an award in favor of the Claimant in the amount of $124,398.09.

Because of the passage of time, Claimant’s interest claim is also $6,553.51 greater. (Footnote included in stipulation) 138

We have reviewed the stipulation and the record and now find sufficient support for approving the agreed award. We note however, a discrepancy in the stipulation and the evidence. Paragraph 14 of the stipulation indicates that since the previous settlement was presented to the Court the funds appropriated with which payment for the products would have been made have lapsed. The previous joint stipulation was filed on October 5, 1984, during fiscal year 1985. The internal memorandum dated December 9, 1985, attached to the stipulation now before us and offered as a departmental report also indicates that fiscal year 1985 funds were obligated for these purchases and had lapsed. If that was in fact the situation, then the State could have settled this matter without this Court’s participation. The agency which entered into the purchase contracts could have made the payment any time up to September 30,1985. Elsewhere in the record all other documentation, including paragraph 4 of the stipulation before us, the previous settlement stipulation, and the invoices attached to the complaint, indicates that this was a fiscal year 1984 obligation, funds for which would have lapsed on September 30,1984, more than nine months after the complaint was filed. Correct and complete fiscal data is essential to a decision in this type of case. Approximately one month after the filing -of the stipulation before us, the Respondent filed a substitute internal memorandum. It was identical in substance to the aforementioned memorandum except “FY84” had been substituted for “FY85” as the year of the appropriation. This is the only place in the record where the important issue of lapsing of sufficient funds is addressed. While the report offered in connection with the previous stipulation provided appropriation line items, it did not provide lapsed balances. This 'settlement is hereby approved and the Claim- ant is hereby awarded the sum of $124,398.09 in full and final satisfaction of this claim.

(No.84 -CC-1825-Claim denied.)

KELLY THORNBURG, Claimant, 2). THE STATE OF ILLINOIS and BOARD OF REGENTS FOR NORTHERN ILLINOIS UNIVERSITY, Respondents. , Opinion filed December 22,1986. 1. HEYL, ROYSTER, VOELKER & ALLEN (DANIEL R. SIMMONS, of counsel), for Claimant.

NEIL F. HARTIGAN, Attorney General (CLAIRE E. B. GIBSON, Assistant Attorney General, of counsel), for Respondents. NEGLIGENcE-duty of landowner to invitee. A landowner has an obligation to use reasonable care and caution to keep his premises reasonably safe for the use of a business invitee, however, he is not an insurer of the safety of his invitees, and such persons assume normal, obvious or ordinary risks attendant to the use of the premises. SAME-slip-and-fall-State fulfilled its duty-claim denied. The Court of Claims denied the claim of a State university student-employee who slipped and fell on the stairway in the entrance of a university building, notwithstanding the fact that the stairway was wet due to a heavy snow on the exterior, since the evidence established that the university officials had taken reasonable precautions to protect persons using the stairway, and allowing an award under the circumstances would be contrary to the law and would result in requiring the State to be an insurer of the safety of those using the stairs. 140

HOLDERMAN, J. This claim involves a slip and fall case arising out of an incident which occurred in the Holmes Student Center at Northern Illinois University, DeKalb, Illinois, on January 22, 1983, when a student employed by the University fell and injured herself on a stairway in the entrance of the building which was wet because of heavy snow conditions on the exterior of the building premises. The Commissioner’s report, together with the parties’ briefs, set out the facts in detail. There was a substantial dispute as to whether the condition of the stairway and entryway was as testified by Claimant, Kelly Thornburg, and her witnesses, or was in the condition testified to by the University employees. Claimant alleged the entryway was overlaid by a carpeting which was saturated with water and that the water trailed off down a terrazzo floor and stairway area. The University employees testified there was not a wet condition as described by Claimant. The Commis- sioner found the condition of the entrance and stairs to be as testified by Claimant. The parties agreed as to the exterior weather conditions based on University weather data. The University maintenance department testified as to the procedure in cleaning and drying areas subject to inclement weather conditions. There was detailed testimony as to the scheduling and the methods involved. The legal questions involved in this matter are undisputed, that is, what duty does a landowner have to a business invitee to care for his safety in the factual situation presented. A review of the authorities cited by both sides indicates that a landowner has an obligation 141 to use reasonable care and caution to keep his premises reasonably safe for the use by a business invitee. How- ever, he is not an insurer of the safety of his invitees and such persons assume normal, obvious or ordinary risks attendant to the use of premises. Claimant cites two cases, Hamby v. State, 31 Ill. Ct. C1. 487 and Pavlik v. State, 31 Ill. Ct. C1. 469, in which both Claimants recovered on a slip and fall fact situation. Respondent, on the other hand, cites three cases noted in the Commissioner’s report, Duble v. State, 26 Ill. Ct. C1.87, Fleischer v. State (1983), 35 Ill. Ct. C1. 799, and Ponds v. State, 33 Ill. Ct. C1. 79, in which recovery was denied. In all of the foregoing cases, the Court’s decision was based on various interpretations as to (a) whether the Respondent recognized its obligation to business invitees, or (b) whether Respondent had exercised a reasonable degree of care in remedying a condition for the safety of its invitees. In both Hamby and Pavlik, the Court found that Respondent had not exercised a reasonable degree of care as required. In Pavlik, the factual dispute revolved around a highly polished terrazzo floor which became even more slippery when wet. There was no indication there was any evidence that the State had taken any steps to acknowl- edge or remedy this slippery condition. In Hamby, on the other hand, the Court commented that the State completely failed to explain why it had not remedied the condition in question, commenting: “The State fails to explain why it made no effort to refute claimant’s testimony by calling an employee of the Secretary of State’s office who could testify as to the facts of the occurrence. The testimony is unrefuted that the rain was heavy, although intermittent, on the day of the incident. It appears that the State had sufficient notice of the raining condition and should have made some effort to keep the floor of the facility dry. In failing to do so, we think the State failed to use that degree of care reasonable under the circumstances, and that the State’s negligence was a proximate cause of the claimant’s injury.” Humby u. State, 33 Ill. Ct. (21.489. 142

In the three cases noted by the Commissioner in his report, it is clear that Respondent recognized its obligation with regard to conditions and the danger for business invitees and had taken steps to remedy them. Simi- larly, in the case before the Court, it is clear that the Uni- versity recognized its obligation to its invitees with regard to the wet condition of the entrance foyer and stairs. The precise issue in this case then becomes, whether the steps taken by the University were reasonable and at what point a requirement of further action by the University becomes overburdensome and makes it an insurer of the safety of its business invitees. Consid- ering the Commissioner’s factual findings, the sheer size and extent of the University property, and the testimony of the maintenance personnel, it seems unreasonable to require further action by the University to remedy the condition of the entrance. The maintenance program recited by the University’s witnesses clearly indicates that it recognized its obligations and took reasonable steps to fulfill them. Short of stationing a maintenance person at every door of every building, it is difficult to see how a loss such as the one claimed in this case could be prevented. Such an extreme requirement would make the University an insurer of Claimant’s safety. It is the opinion of this Court that the University did everything that was reasonably necessary to safeguard the public in the use of its premises, and that to make a contrary finding would change the law of the State of Illinois relative to the duties of Claimant and its responsibility. Claim is denied. 143

(No. 84-CC-1895-Claimant awarded $54,848.93.)

JOHN DUFFY, Claimant, u. THE STATE OF ILLINOIS, Respondent. Opinion filed August 6,1986.

DANIEL LAMPITT, for Claimant.

NEIL F. HARTIGAN, Attorney General (WILLIAM E. WEBBER, Assistant Attorney General, of counsel), for Respondent.

STATE EMPLOYEES’ BACK SALARY CLAIMS-discrimination claim- stipulation-lapsed appropriation-award granted. Based on the State’s stipulation that the only issues before the Court of Claims in the matter of Claimant’s action for back pay arising from unlawful discrimination were the amount owed to the Claimant and whether he sufficiently mitigated his damages, the Court of Claims found that Claimant had made reasonable efforts to mitigate his damages, sufficient funds were available for transfer to cover the claim, and that an award with the appropriate additions and deductions was justified.

RAUCCI, J.

On January 30, 1984, Claimant, John Duffy, filed this claim for $48,756.00 for back pay which had been refused by the Illinois Bureau of Employment Security on the grounds that the funds appropriated for the payment had lapsed. A hearing was held before the assigned Commissioner on February 20, 1985. The State called no witnesses and filed no brief after advising the Court on July 22, 1985, that no brief would be filed.

At the hearing, the State stipulated that the only issues before the Court were the amount owed to the Claimant and did Claimant sufficiently mitigate his damages. The departmental report indicated the claim was a result of unlawful discrimination determined pursuant to the Human Relations Commission or Department of Human Rights. The report also indicated that during the period covered by the claim, Claimant would have earned $48,756.00 and that sufficient funds 144 were available for transfer under the 2%transferability provision to cover this and all related claims. The issues before the Court then are what exact amount is due the Claimant and did Claimant sufficiently mitigate his damages during the period in which he was not employed by Respondent. The period involved is from April 1, 1980, until June 30, 1983. Rita Bartholomew testified for the Claimant that she was Placement Director for the University of Illinois, Graduate School of Library and Information Service. The Claimant had used the placement services over 30 times in sending out his credentials. However, most of the use was prior to April 1, 1980, and after June 30, 1983. The Claimant did make at least as much or more effort to seek employment through her services than others would. Judy Cadle testified for Claimant that she was president of a typing service. Commencing in March of 1980 through November of 1983, her service typed about 200 employment seeking letters for Claimant. The Claimant testified that he had received all back pay due from July 1, 1983, until he actually started working on November 16,1983. He had also received all credit for all vacation and personal leave days from April 1, 1980, until November 16, 1983. He is a college graduate. After being turned down for a job with the State, he filed his complaint with the Human Rights Commission. He received a favorable decision in March of 1983. During the time he was awaiting a decision, he was looking for a job. His job search consisted mainly of looking for positions in the field of library science. He went to the placement office once a week, sent letters and used other sources to look for a job. He used the 145 facilities of the University of Georgia, the University of Florida and professional journals to seek employment. He also applied for positions with the State of Illinois. He received a few interviews but no job. Claimant had had other jobs in the past. He had worked for the State and for a private employment service. Claimant is disabled, has cerebral palsy and is confined to a wheelchair.

During the period in question, Claimant did take independent study, zero credit courses and some social work courses. He was actively seeking employment from April 1,1980, through June 30 of 1983.

In cross-examination, Claimant testified he worked for about a year on a research paper, however, he mainly worked on this in the evening. Claimant has poor control of his hands so he cannot do assembly type work. He received no unemployment compensation and had no employment or self -employment income during the relevant period. We find that the Claimant made sufficient efforts to mitigate under the circumstances and hereby grant him an award of $48,756.00 plus appropriate employer contributions and less appropriate employee deductions as more fully set forth in Appendix A attached hereto and incorporated herein.

APPENDIX A Identification of the State Contributions and Deductions from Back Salary Award. To the State Employees’ Retirement System: Employee’s contribution to State Employees’ Retirement System 1,950.24 Employee’s contribution to FICA 3,206.93 146

State’s contribution to State Employees’ Retirement System 2,886.00 State’s contribution to FICA 3,206.93 To Illinois State Treasurer to be remitted to Internal Revenue Service: Claimant’s Federal income tax 9,751.20 To Illinois Department: Claimant’s Illinois income tax 1,218.90 To the Claimant: Net salary 32,628.73 Total Award $54,848.93

(No. 84-CC-192.8-Claim dismissed.)

KEITH GAVIN, Claimant, v. THE STATE OF ILLINOIS, Respondent. Opinion filed August 4,1986.

KEITH GAVIN, pro se, for Claimant.

NEIL F. HARTIGAN,Attorney General (MICHAEL TAYLOR,Assistant Attorney General, of counsel), for Respondent.

PRISONERSAN D INMATEs-slip-and-fall-inmate’s awn lack of care was proximate cause-claim dismissed. The Court of Claims dismissed the claim filed by an inmate of a correctional center for the injuries he sustained when he slipped and fell while he was cleaning up in an area where there was some water on the floor, since the evidence established that the inmate’s own lack of care for his safety was the proximate cause of his injuries.

RAUCCI, J. This claim arises from personal injuries suffered by Claimant while he was an inmate at Menard Correc- tional Center. 147 The Claimant, Keith Gavin, was an inmate at the Menard Correctional Center on August 15,1983. He was assigned to the M & M Shop at the facility. He was working as a porter, cleaning up, mopping and sweeping. As he was sweeping up around a stack of 2 x 4’s, there was some water on the floor and the Claimant slipped and fell and cut his left arm midway between the left elbow and the left wrist. Claimant had seen the water on the floor but thought he could sweep around it and apparently stepped in the water and slipped. He was aware of the presence of the water on the floor. Claimant did not testify that he was unfamiliar with the area where he was working. The record clearly indicates that Claimant, in failing to take care in his movements around water that he knew was on the floor, was not acting with due care for his own safety, and his lack of care was the proximate cause of accident. The Court has held that, where an inmate’s lack of care appears to be the proximate cause of the accident, there can be no recovery. In Robinson v. State (1984),36 Ill. Ct. C1. 298, Claimant was injured while cleaning a garage on institutional premises at Joliet Correctional Center. In moving a cabinet, a piece of equipment fell off the cabinet and hit Claimant on the head thereby causing a painful injury. In that case, the Court observed that the Claimant was familiar with the area and failed to verify the location of the equipment before moving the cabinet and in so doing was not acting with due care for his own safety. The claim was denied. Similarly, in the case at bar, Claimant acknowledged his being aware of the water on the floor in the area where he was cleaning up but failed to take any 148 precautions to avoid standing or walking in the water so that he was caused to slip and fall. It is therefore ordered that this claim is dismissed with prejudice.

(No. 84-CC-2100-Claimant awarded $90,000.00.)

ILLINOIS CONSTRUCTORS CORP., Claimant, 0. THE STATE OF ILLINOIS, Respondent. Opinion filed April 21, 1987.

O’BRIEN,O’ROURKE, H OGAN & MCNULTY,for Claimant.

NEIL F. HARTIGAN, Attorney General (ERIN ~’CONNELL,Assistant Attorney General, of counsel), for Respondent. CoNTriAcrs-construction contract-delay damage claim-stipulation- award granted. Pursuant to the joint stipulation of the parties, the Court of Claims granted a compromise award to a contractor who suffered financial damages due to delays which prevented the Claimant from proceeding with its work on a timely basis, since, although the Court is not bound by any stipulation, a controversy will not be interposed where none exists, and where a stipulation appears to be the result of careful consideration of the facts and the law, it will be honored. RAUCCI,J. This cause coming before the Court on a stipulation for entry of judgment submitted by the parties. This is a breach of contract claim arising out of the construction of the South Waukegan Harbor Project (“the Project”) CDB Project No. 722-010-001. Claimant was the Phase I1 contractor. Because the phases were sequential, Claimant could not commence its Phase I1 work until Phase I was completed. 149 On October 7, 1982, Claimant received authoriza- tion from CDB to proceed with Phase I1 contract work at the project. Claimant could not commence its work until December 6, 1982. The delay occasioned by the tardy completion of Phase I resulted in increased costs to Claimant. Claimant has alleged that it suffered in the amount of $119,000.00 associated with its increased cost of performing its work under the contract. After extensive review of Claimant’s supporting records by representatives of CDB and following lengthy negotiations between the parties, CDB has stipulated and agreed that Claimant was prevented from proceeding with its work on a timely basis and for purposes of this claim only, admits liability under the complaint. Because of the time and expense of trial and the vagaries of proof associated with this type of claim, the parties have stipulated and agreed that judgment should be entered in Claimant’s favor in the amount of $90,000.00. Although this Court is not bound by any stipulation, it is not the practice of this Court to interpose controversy between the parties where none seems to exist. The instant stipulation appears to have been entered into after careful consideration of facts and applicable law by authorized representatives of the parties regarding delay damage claims under State construction contracts. The amount agreed upon seems to have resulted from the give and take associated with arms-length bargain- ing. This being the case, this Court sees no reason not to honor the stipulation of the parties. It is hereby ordered that Claimant, Illinois Con- structors Corporation, be awarded the sum of $90,000 150

(ninety thousand and no/100 dollars) in full and complete satisfaction of all its claims herein.

(No. 84-CC-2607-Claim dismissed.)

ARSENIO L. CANLAS, M.D., Claimant, u. THE STATE OF ILLINOIS, Respondent. Opinion filed April 28,1987.

ARSENIO L. CANLAS, M.D., pro se, for Claimant.

NEIL F. HARTICAN, Attorney General (SUZANNE SCHMITZ, Assistant Attorney General, of counsel), for Respondent.

PnAcrrcE AND PRocEounE-department reports-prima facie evidence. Under the rules of the Court of Claims, department reports are prima facie evidence as to the contents. CoNTnAcrs-claim for medical services provided public aid recipient- cause of action not stated. No cause of action was stated by the Claimant’s contention that his claim for medical services rendered to a public aid recipient was denied by reason of a lapsed appropriation, since the controlling statute clearly contradicted the contention by providing that such claims be paid and not be denied by reason of lapsed appropriation. SAME-ckirn for medical services to public aid recipient-claimant not enrolled uendor-claim dismissed. A claim for medical services rendered to a public aid recipient was dismissed, because the Claimant was not an enrolled participant in the State program providing for services to public aid recipients, and enrollment in the program as a “vendor” is an essential prerequisite to being entitled to receive payment for rendering such services. SAME-medical services to public aid recipient-recipient not eligible on dates of service-claim dkmksed. A claim for medical services rendered to a public aid recipient was dismissed, since the records of the Department of Public Aid showed that the recipient of the services was not eligible for such services on the date they were rendered, therefore the Department of Public Aid was not liable for payment of the claim. 151

SAME-medical services for public aid recipient-invoicing requirements not satisfied-claim dismissed. Claimant’s failure to comply with the invoicing requirements applicable to rendering medical services to public aid recipients negated his right to payment of his claim for medical services, since timely completion of the prescribed invoice forms is a condition of being entitled to payment for rendering such medical services. SAME-Department of Public Aid may regulate “vendor payments.” Regulations may be adopted by the Department of Public Aid requiring vendors who provide services to public aid recipients to file certain forms within certain times, and those regulations must be satisfied before a vendor will be entitled to receive payment for specified services rendered.

PATCHETT, J. This cause is before the Court on Respondent’s motion to dismiss the captioned claim. Claimant having been given due notice, and the Court being fully advised in the premises, finds as follows: Claimant Canlas, a St. Louis, Missouri, physician, is here seeking a vendor payment, as provided in section 11-13 of the Illinois Public Aid Code (PAC) (Ill. Rev. Stat., ch. 23, par. 11-13), from funds appropriated to the Illinois Department of Public Aid (IDPA) for medical services provided to IDPA’s “recipients,” as defined in section 2-9 of the PAC. The subject of Dr. Canlas’ claim is services provided to his patient, Lana McReynolds, during August 1980. His Court action was filed in March 1984. In its Department report, the contents of which are prima facie evidence under rule 14 of the rules of this Court, IDPA advises that there are certain requirements which all medical vendors must meet, in order to be eligible to receive a vendor payment (defined in section 2-5 of the PAC) for their services. These requirements include the following: (a) The vendor must have been enrolled as a participant in IDPA’s Medical Assistance Program (MAP) at the time when the subject services were rendered. (IDPA Rules 140.11 through 140.19, 89 111. Admin. Code §§140.11through 140.19) 152

(b) The vendor’s patient must have been a “recipient”, and eligible to receive such services at the Respondent State’s expense as determined by IDPA in accordance with applicable statutory requirements, as of the dates on which the services were rendered. See prior decisions of this Court, cited below in this Opinion. (c) The services must have been “covered services”, eligible for payment in accordance with the requirements of IDPA’s MAP program. (See, e.g., IDPA Rules 140.3, 140.5, 140.6, 140.7 and 140.9; 89 Ill. Admin. Code ff140.3, 140.5, 140.6, 140.7 and 140.9) (d) In certain situations, IDPA staff‘s “prior approval” must have been obtained, for particular services, before the services are provided to the patient by the vendor. (See, e.g., subsec. c of IDPA Rule 140.2; and IDPA Rules 140.40 thru 140.42, Id.) (e) The vendor must have invoiced his services to the department, on IDPA invoice-forms which have been properly prepared by the vendor and timely submitted to IDPA, in accordance with department Handbook instructions and regulatory requirements (IDPA Rule 140.20, Id.) The department advises that each of these requirements is explained in its provider (vendor) Handbooks, which are furnished, upon enrollment, to each participating vendor. According to the Department’s investigation, this claim is deficient in several respects, as compared with the above requirements. First, Respondent’s initial challenge concerns the complaint’s alleged failure to state a cause of action. The complaint alleges that Claimant’s payment demand for patient McReynolds’ services was refused solely due to lapse of appropriated funds. Its exhibits clearly indicate that the subject of this lawsuit is medical services, and that Claimant is presenting a “vendor payment” claim, as defined in Sections 2-5 and 11-13 of the PAC. Section 25 of “AN ACT in relation to State finance (Ill. Rev. Stat., ch. 127, par. lSl), authorizes IDPA’s payment of such claims “without regard to the fact that the medical services being compensated for by such payment may have been rendered in a prior fiscal year,” i.e., payments from the 153

Department’s medical payment fund are not denied by reason of lapsed appropriation. The complaint here is thus contradicted by section 25. As a result, Claimant’s allegations misstate Illinois statutory law and, for that reason, fail to state a cause of action. See this Court’s decisions in Midstate Anesthesiologists v. State, No. 82- CC-942, filed March 1, 1982; Barnes Hospital v. State, No. 82-CC-708 et seq., filed March 1, 1982; and Rock Zsland Franciscan Hospital v. State, No. 82-CC-899, filed May 5, 1982; Henrotin Hospital v. State, No. 84-CC- 3315, filed August 29, 1984 (representing 67 Henrotin Hospital claims dismissed on that date); St. Anne’s Hospital v. State, No. 84-CC-3063, filed August 29, 1984 (representing 118 St. Anne’s Hospital claims dismissed on that date); Franciscan Medical Center v. State, No. 84-CC-2655, filed August 29, 1984 (representing 4 Franciscan claims dismissed on that date); and St. Elizabeth Hospital v. State, No. 86-CC-1802, filed June 20, 1986. Second, IDPA reports it finds no record that Dr. Canlas was an enrolled participant in its Medical Assistance Program (MAP), in 1980. In this regard, IDPA advises that many physicians, hospitals and other vendors, located in neighboring states, are enrolled participants; however, Claimant was not among them. To be authorized to receive payment for services to IDPA recipients, a person must first apply to IDPA for enrollment in the Department’s MAP program. Until he or she is enrolled, the person cannot be a “vendor”, and thus is not entitled to such payment. See subsection d of IDPA Rule 140.13. Third, Claimant has supplied no evidence that IDPA had determined his patient, Mrs. McReynolds, to be an eligible MAP recipient, with respect to the dates 154 on which the subject services were rendered. As the Department’s records indicate that she was not MAP- eligible on these dates of service, Respondent has no liability for payment of this claim for such services. See this Court’s decisions in Illini Hospital v. State (1977), 32 111. Ct. C1. 115; Rock Island Franciscan Hospital v. State, No. 79-CC-91, filed November 23,1981; and Columbus, Cuneo, Cabrini Medical Center v. State, Nos. 84-CC-401 and 84-CC-734, filed March 7,1985. Fourth, Claimant offers no exhibit suggesting that he had ever invoiced his services to IDPA, on the forms prescribed by IDPA regulation (89 Ill. Admin. Code, §140.20), or within the time prescribed by that regulation. Appropriate invoice-forms for billing such services, and IDPA medical vendor Handbook provisions explaining the MAPS requirements and providing invoice preparation instructions, would have been available to Dr. Canlas, if he had been a MAP enrolled vendor. Completion of the prescribed invoice forms, and their submission to IDPA prior to the prescribed deadline, are conditions which the enrolled vendor must meet in order to comply with the regulation, and thus to be eligible for vendor payment consideration. Weissman 2). State (1978), 32 Ill. Ct. C1. 150; Rush Anesthesiology Group 0. State (1983), No. 82-CC-1580; and see this Court’s March 1, 1982, order in Barnes Hospital v. State, No. 82-CC-708 et se9. A vendor’s entitlement to a “vendor payment,” enforceable under section 11-13 of the Illinois Public Aid Code and under sections 439.8 and 439.22 of the Court of Claims Act, may be “limited by regulations of the Illinois Department” (Ill. Rev. Stat., ch. 23, par. 11- 13). Each of the regulatory requirements discussed above imposes a condition which the vendor must meet, if he is to receive a vendor payment for specified 155 services to a named patient. In this instance, Claimant has failed to demonstrate that he has met such conditions. It is therefore hereby ordered that the subject claim be, and it is hereby dismissed.

(No. 84-CC-2736-Claimant awarded $8.85.)

OK ELECTRIC Co., Claimant, v. THE STATE OF ILLINOIS, Respondent. Order on motion for summary judgment filed September 7,1984. Order on motion for summary judgment filed October 18,1985. Stipulation filed May 14,1986. Order on stipulation filed July 1,1986.

OK ELECTRICC OMPANY, pro se, for Claimant.

NEIL F. HARTIGAN, Attorney General (SUZANNE SCHMITZ, Assistant Attorney General, of counsel), for Respondent.

LAPSED APPROPRIATIONS-intereSt not recoverable. A claim for interest on a claim which was allegedly not paid because of a lapsed appropriation was not allowed, since the statute governing such claims was not intended to allow a Claimant to reap a windfall by delaying the filing of their claim beyond 60 days after submitting a bill in order to accrue interest on the claim, and therefore the Claimant, based on a subsequent stipulation of the parties, was granted a nominal amount as a late payment penalty charge. ORDER ON MOTION FOR SUMMARY JUDGMENT

ROE, C.J This cause comes on to be heard on the Respondent’s motion for summary judgment, due notice having been given, and the Court being fully advised in the premises; The Claimant filed this claim as a lapsed appropri- 156 ation claim and has based it on “AN ACT to require prompt payments by the State of Illinois for goods or services” (Ill. Rev. Stat. 1981, ch. 127, par. 132.401 et seq.). Claimant seeks payments of interest which accrued on a bill for electrical work done for the Illinois Department of Transportation. This claim is for interest on $1,770.00. Claimant previously filed, on November 15,1983, a $1,770.00 claim with this Court for payment of the bill which the Department of Transportation was no longer able to pay due to the lapsing of the appropriation. An award was made in that case, No. 84-CC-1107, on March 14, 1984. The Respondent agrees that the Claimant is due 1% per month of its total outstanding bill of $1,770.00 for the period beginning September 15, 1983, which is 60 days after the Claimant billed the Department of Transporta- tion, and ending November 14, 1983, which is the date the Claimant filed for payment of the bill in the Court of Claims. It is the Respondent’s position that the aforementioned Act does not authorize interest on matters pending before this Court. Although there are no genuine issues of material fact we do find, as a matter of law, that Claimant is not entitled to a partial award of $53.10, the amount stated by the Respondent. We agree with Respondent that the aforementioned Act does not authorize interest on matters pending in this Court. Further, we do not think that the legislature intended that vendors be able to take advantage of the Act by delaying the filing of their claim. The clear purpose of the Act is to encourage prompt payments for goods and services. The agency’s ability to pay expired at the end of the 90-day period following the end of the fiscal year. There was nothing it could do after that point in time to pay its bill. If the 157 parties’ position is accepted, a Claimant could then wait almost five years, the limitations period for filing a claim based on breach of contract, before filing a claim, accruing 12%per annum, and obtaining a windfall profit. Claimant’s damages would be limited to the period from September 15, 1983, which is 60 days after the Claimant billed the Department of Transportation, through September 30,1983, after which date the agency was no longer empowered to voucher the payment. Moreover, this claim is premature. Claimant filed this claim as one for lapsed appropriations. The obligation occurred during fiscal year 1984 and the agency is still capable of paying its obligations accrued during that fiscal year. We will hold this claim in abeyance until after September 30, 1984, rather than dismiss it as premature with leave to refile. So ordered. ORDER ON MOTION FOR SUMMARY JUDGMENT

PATCHETT, J. This cause comes on to be heard on the Respon- dent’s motion for summary judgment, which motion was held in abeyance pursuant to our order of September 7, 1984, it appearing that due notice has been given, and the Court being fully advised; This claim was held in abeyance pursuant to the aforesaid order to allow the Respondent’s agency an opportunity to act on it. Nearly a year has passed and the Court has not been advised of any further action. There is a genuine issue of material fact as to whether or not the agency has acted on this claim. Accordingly, the Respondent’s motion is hereby denied. 158 STIPULATION This is a lapsed appropriation claim. The State agrees to an entry of an award based on the report filed in this matter which provides the following information: AGENCY: Department of Transportation PURPOSE: Request for late payment penalty charge. FUND NO.: 011-49410-1200-0000 Fiscal Year: 1983 Amount: $8.85 CLAIMANT’S SOCIAL SECURITY or TAX NO.: 36-2955988 Sufficient funds lapsed to cover this claim. ORDER ON STIPULATION

PATCHETT, J. The record in this cause indicates that this is a standard lapsed appropriation claim which should be paid in accordance with the above stipulation. It is so ordered.

(Nos. 84-CC-3046,85-CC-2758not cons.-Claims denied.)

DEPAULUNIVERSITY and UNIVERSITY OF ILLINOIS, Claimants, o. THE STATE OF ILLINOIS, Respondent. Order filed May 6, 1987.

MITCHELL, RUSSELL ik KELLY, for Claimant DEPAUL UNIVERSITY.

NORMAN JEDDELOH, for Claimant UNIVERSITY OF ILLINOIS.

NEIL F. HARTIGAN, Attorney General (KATHLEEN O’BRIEN,Assistant Attorney General, of counsel), for Respondent. 159

LAPSED APPROPRIATlONS-tUitiOn chims-insufficient funds lapsed- claims denied. The Court of Claims denied awards to two universities for tuition payments for various students where the funds appropriated to pay the claims had lapsed, notwithstanding the contention that the claims were within the “expressly required by law” exception, since the lapsed funds were insufficient to cover the claims and the Court would refuse to apply the exception to the claims.

MONTANA, C.J. These two Claimants brought these claims seeking tuition payments for various students. In their standard ‘‘lapsed appropriation” form complaint they alleged that they demanded payment from the Illinois State Scholarship Commission (hereinafter ISSC) but that their demands were refused on the grounds that the funds appropriated for the payments have lapsed. Both claims are against fiscal year 1983 funds. The Respondent moved to dismiss on the grounds that an insufficient amount of funds lapsed in the FY83 line item appropriation to cover the amount of these claims. In its motion filed in the University of Illinois case, Respondent adds that the ISSC was unable to pay that claim during the fiscal year because the appropriation was reduced by the Governor as authorized by the Emergency Budget Act (P.A. 82-1038 approved De- cember, 1982). Claimant University of Illinois did not respond to the motion to dismiss. Claimant DePaul University did respond. In its response, DePaul University argues that payment of the tuition is within the “expressly required by law” exception to the general rule that this Court will not make an award in lapsed appropriation claims when insufficient funds have lapsed. In support of its position, Claimant cited the language of the Higher Education Student Assistance Law (Ill. Rev. Stat. 1983, ch. 122, par. 30-15 et seq.),which was enacted to provide a “system 160 of financial assistance of scholarships, grants, and guaranteed loans for qualified institutions of their choice in the state, public or private.” Claimant also cited language at par. 30-15.8(a) that the institution “. . . shall be entitled to the payments of tuition and other necessary fees provided by the scholarship or grant. . . .,, Further, Claimant pointed out that the law also allowed qualified institutions such as DePaul the right to an advance payment up to 75% of the awards to such institution’s students prior to providing the students with the education for which the awards were made. In event that the institution does not provide the requisite educational services, the advance payment must be refunded. (Ill. Rev. Stat., ch. 122, par. 30-15.9(b).) In this case, Claimant stated it has fulfilled its contractual obligation of providing certain educational services to students qualified by the ISSC and is entitled to the compensation expressly provided by statute. If the Respondent’s motion to dismiss is granted, Claimant argues, “it would not only penalize DePaul for its failure to request advance payment of awards, but would also frustrate the purpose of the specific statute authorizing the awards and would be contrary to the specific language thereof.” We fully understand the Claimant’s position and are not unsympathetic. However, we are constrained to abide by the Emergency Budget Act and must deny the claim. County of St. Clair v. State (1984), 37 Ill. Ct. C1. 297. It is hereby ordered that these claims be, and hereby are, denied. 161

(NOS. 85-CC-0545, 85-CC-0554, 85-CC-0558, 85-CC-0586, 85-CC-0715, 85-CC-0794, 85-CC-1151, 85-CC-1295, 85-CC-1442, 85-CC-1637, 85-CC-1642, 85-CC-1711, 85-CC-1894, 86-CC-1148, 87-CC-1141 cons.- Claimant in No. 85-CC-0545 awarded $595.80; Claimant in No. 85-CC-0554 awarded $473.00; Claimant in No. 85-CC-0558 awarded $13,066.00; Claimant in No. 85-CC-0586 awarded $1,525.00; Claimant in No. 85-CC-0715 awarded $733.00; Claimant in No. 85-CC-0794 awarded $223.50; Claimant in No. 85-CC-1151 awarded $22,934.95; other claims denied.)

ROOSEVELTUNIVEFSITY et al., Claimants, 0. THE STATE OF ILLINOIS, Respondent. Opinion filed May 20,1987.

LAPSED APPRoPRIATloNs-tuition claims--lapsed funds insufficieflt- refund to agency used to pay some claims. Awards were made to some of the universities who filed claims for tuition payments against the Illinois State Scholarship Commission where insufficient funds had lapsed and the State agency had received refunds in the same grant program, and the awards were made on the basis of the earliest filings and continued until funds were exhausted.

MONTANA, C.J. These Claimants each brought claims seeking tuition payments either for themselves or their students. Each filed a standard “lapsed appropriation” form complaint alleging that demand for payment was made to the Respondent’s Illinois State Scholarship Commis- sion (hereinafter referred to as the ISSC), but the demand was refused on the grounds that the funds appropriated for the payments had lapsed. All of these claims are against fiscal year 1984 appropriations. The Respondent filed departmental reports compiled by the ISSC in each case. The Board of Trustees of Community College District 508 filed claim number 85-CC-0794 on Novem- ber 1, 1984, and it seeks $223.50. The reasons stated in the departmental report as why the Claimant was not paid was due to an incorrect disqualification of a student in connection with a defaulted loan. The Board of Trustees of Southern Illinois Univer- 162 sity filed its claim on December 4, 1984, and it seeks $23,937.13. The departmental report filed in this case does not indicate why this claim was not paid. The Board of Trustees of Community College District 508 filed its second claim on December 17,1984. The reason for nonpayment stated by ISSC in the departmental report filed in this claim is that the school did not request payment before the appropriation lapsed. Claimant Donna Enders filed her claim on De- cember 31, 1984, and she seeks $225.00. In response to the question, “What is the dollar amount of the claim still unpaid, and why is it still unpaid?,” the departmental report stated as follows: “225.00 students award increased to $345.00 per term, not until after we had paid $120.00 approved for 2nd sem., 1984” (sic) We are unsure what that means. Cara Bocian filed her claim on January 21,1985, and she seeks $2,200.00.Her nonpayment was said to be due to an incorrect social security number problem and she did not appear on a roster for which the school could ask for payment. Javier D. Brathwaite also filed his claim on January 21, 1985. He seeks $190.00. The departmental report indicated that his school previously requested half-time payment but now he wants a full-time award. Jacqueline Thomas filed her claim on January 28, 1985, and she seeks $382.04. Attached to her complaint is a letter from the University of Illinois at Chicago Circle stating that she could not obtain a certified transcript because she owed this money. The ISSC report indicates that the school did not request payment from the ISSC until after the money lapsed. 163 DePaul University filed its claim on February 14, 1985, and it seeks $12,258.61.The ISSC stated that it, too, had submitted its claim after the appropriation lapsed and only $11,525.28 of the claim would have been approved for payment. Emanuel Martinez filed his claim on November 21, 1985, and he seeks $1,022.00. The ISSC stated that his school did not request payment. There was no comment made as to whether this claim would have been paid had it been presented before the appropriation lapsed. The Board of Trustees of Community College District 508 brought a third claim on December 2, 1986, seeking $286.00. The ISSC stated that the school had not requested payment previously. The Respondent moved to dismiss each claim on the grounds that an insufficient amount of funds lapsed in the line item appropriation to cover the amount of these claims, with the exception of the last Board of Trustees of Community College District 508 in which for no apparent reason the Respondent agreed to our making a full award. The motions were based on information contained in departmental reports which were compiled by the ISSC and offered as prima facie evidence of the facts contained therein pursuant to rule 14 of the Rules of the Court of Claims. Actually, $2,100.20 was said to have lapsed but previous claims had exhausted the balance. Interestingly, the ISSC stated that had the requests for payment been presented before the appropriation lapsed it would have paid six of the claims and not paid only one due to lack of funds. Some of the Claimants filed objections to the motions to dismiss arguing that their claims fell within the “expressly required by law” exception. Appropriat- ing money for scholarship awards programs is a 164 legislative prerogative and not a function of the Court of Claims. The Court of Claims has dealt with the issues involved in these claims before. In Aurora College v. State (1985), 37 Ill. Ct. C1. 321, 323, the Court stated:

“It is a long-standing fundamental rule of law in this Court that, barring certain extremely narrow exceptions not applicable here, an award cannot be made in a lapsed appropriation claim where no funds lapsed. Where an insufficient amount of funds lapsed, an award is made of the balance remaining only. It is not an infrequent situation that, as with the claims at bar, numerous claims are filed against a lapsed balance insufficient to cover all the claims. When this happens and the Court has actual knowledge of it, it has been our policy to make awards to the earliest filing Claimants until the lapsed balance has been exhausted. We have considered alternatives and have decided that, while this policy is not free from criticism, the alternatives are too impractical, unworkable, or too unfair.” The Board of Trustees of Southern Illinois University raised a different objection. It presented evidence that the ISSC had received $39,551.25 in refunds of certain fiscal year 1984 Monetary Award Program Grants (the appropriation involved in these claims) and asserted that the Court should look to this refund money in determining the issue of sufficiency of lapsed funds. The Respondent then moved for leave to withdraw its motion to dismiss and tendered a stipulation agreeing to our making an award in that one case. We agree with the proposition that this refund money should be considered and we will do so. However, the Court has actual knowledge of several Claimants in line ahead of the Board of Trustees of Southern Illinois University. The Claimants in Aurora College 0. State, supra, all sought money from the same line item appropriation from fiscal year 1984 as the Claimants herein do and their claims were filed earlier. All of those claims were previously denied except for that of Roosevelt University, No. 85-CC-0545 which was partially paid. Accordingly, on our own motion, we are reopening those claims and granting awards in the following amounts: 165

Claimant Number Award Balance $39,551.25 Roosevelt University 85-CC-0545 $ 595.80 38,955.45 Governors State Univ. 85-CC-0554 473.00 38,482.45 Comm. College Dist. 508 85-CC-0558 13,066.00 25,416.45 St. Francis College 85-CC-0586 1,525.00 23,891.45 Aurora College 85-CC-0715 733.00 23,158.45 Next, we grant awards in the stated amounts in the following cases herein: Community College District 508 85-CC-0794 $ 223.50 $22,934.95 Southern Illinois University 85-CC-1151 22,934.95 For the reasons stated above we hereby deny the balance of claim number 85-CC-1151 and the later claims involved herein. The ISSC is however ordered to re-examine its records to determine if any more refunds of funds from the FY84 001-69131-4475-0100 line item appropriation have been received. If so, it is to contact counsel for the Respondent who is to notify the Court and we will reconsider those claims which are denied.

(No. 85-CC-0974-Claimant awarded $63,900.90.)

ROSETTA WHEADON, Claimant, 0. THE STATE OF ILLINOIS, Respondent. Opinion filed July 3,1986.

EDWARD L. WELCH, for Claimant.

NEIL F. HARTIGAN, Attorney General (CLAIRE GIBSON TAYLOR, Assistant Attorney General, of counsel), for Respondent. STiPuLATroNs-termination of employment contract-stipulation- award granted. After entering into negotiations concerning the termination of Claimant’s employment contract with a State college, the Claimant voluntarily terminated her employment before the end of the contract 166 period in exchange for a certain sum of money, and based on the agreement of the parties, an award was granted as a full and final satisfaction of her claim and any other claims relating to these events, and the Court granted the award knowing it is not bound by such agreements, since the Court does not desire to create or prolong a controversy where the parties wish to settle their dispute.

MONTANA, C.J. This cause comes before the Court on the parties’ joint stipulation settlement which states: This cause is a contract claim. The claim arises from the termination of the Claimant’s employment with the Respondent. Claimant was the President of the State Community College of East St. Louis, which is owned and operated by the Respondent, State of Illinois. Claimant entered into negotiations for an agreement with the Trustees of the State Community College of East St. Louis, wherein the Claimant was to terminate her employment before the end of the contractual period, in exchange for a certain sum of money. The exact amount of money was never finally agreed upon by all the parties, but the Claimant did voluntarily terminate her employment. The parties have investigated this claim, and have knowledge of the facts and law applicable to the claim, and are desirous of settling this claim in the interest of peace and economy. Both parties agree that an award of $63,900.90 is both fair and reasonable. Claimant agrees to accept, and Respondent agrees to pay Claimant $63,900.90 in full and final satisfaction of this claim and any other claims against Respondent arising from the events which gave rise to this claim. The parties hereby agree to waive hearing the taking of evidence, and the submission of briefs. 167

This Court is not bound by such an agreement but it is also not desirous of creating or prolonging a controversy between parties who wish to settle and end their dispute. Where, as in the instant claim, the agreement appears to have been entered into with full knowledge of the facts and law and is for a just and reasonable amount, we have no reason to question or deny the suggested award. It is hereby ordered that the Claimant be awarded $63,900.90, in full and final satisfaction of this claim.

(No. 85-CC-2398-Claim dismissed.)

SAM COTTON, Claimant, o. THE STATE OF ILLINOIS, Respondent. Opinion filed August 4,1986.

SAM COTTON, pro se, for Claimant.

NEIL F. HARTIGAN,Attorney General (CLAIRE E. B. GIBSON, Assistant Attorney General, of counsel), for Respondent.

PRACTICE AND PmcmuRE-fraud bars claims. The practice of any fraud against the State in the proof, statement, establishment or allowance of any claim requires that the claim be forever barred from prosecution.

PRISONERS AND INMATES-Slip-and-fall-ppl.iSOn gllh?ry-fraUd in testimony-claim dismissed. A prison inmate filed a claim for injuries to his foot sustained when he slipped and fell after stepping in some liquid on the floor of the gallery or mess hall where he was taking his supper meal, but the claim was dismissed, since the record established that the Claimant attempted to commit a fraud upon the State by offering false testimony that the lump protruding from his foot after the fall was not present prior to the fall.

RAUCCI, J . This is a claim brought by Sam Cotton, an inmate at the Centralia Correctional Center, to recover for personal injuries. 168 On February 1, 1985, when the Claimant, age 22, was an inmate at the Joliet Correctional Center, the Claimant fell while attending the supper meal at the gallery or mess hall. After walking into the dining room with his tray of food, Claimant set the tray down and went to get kool-aid beverage. After obtaining the kool- aid, Claimant started back to his seat, where his tray of food was located, and fell allegedly injuring his right foot. Inmates obtained their beverages from two containers sitting on table tops, where inmates served kool-aid. Inmates carry their beverage container to the kool-aid station, place their container under a spigot and inmates push a button filling the container. On the date of Claimant’s injury nothing unusual was being done. Claimant states that he was caused to fall by the slippery condition of the floor because “a lot of kool-aid was on the floor.” Claimant had noticed beverage spilled on the floor in the area of the kool-aid stand on previous occasions. Claimant testified that the same foot had been injured earlier when he was in the Cook County Jail playing basketball. Claimant testified that, after the earlier injury at the Cook County Jail, the foot healed properly and Claimant had “no problems.” Claimant testified he was unable to run and walk without discomfort after the first injury. Claimant testified the bone healed properly on that occasion. Claimant testified he didn’t know whether the bone broken in the incident complained of was the same one broken at the Cook County incident. Claimant testified he couldn’t tell whether it felt like the same bone or not. After being injured at Joliet, he was taken to Silver Cross Hospital where a cast was put on his foot. It was a walking cast and because of snow and wet conditions the cast got wet 169 and had to be taken off sooner than anticipated. Claimant testified that he told officers that a bone in his foot was sticking out. Correctional officers X-rayed his foot, wrapped it in an ace bandage, and sent him to Centralia Correctional Center. Claimant stated he felt that the cast came off too soon because his foot was still bothering him. Claimant testified he did not know how the kool-aid got on the floor, but he could see that the floor was wet. Claimant stated, “I . . . I seen the kool-aid on the floor, where I was getting my kool-aid.” Claimant testified that he saw the kool-aid before he fell. Claimant also complained that he was having back problems subsequent to his fall on February 1,1985, and the doctors advised him he was suffering from a back sprain. Claimant testified that the back condition was getting a little better. With respect to the Claimant’s foot, Claimant testified that his foot hurt all of the time and that there was a lump on his foot that protruded visibly that was caused by the February 1,1985, accident. On cross-examination by Respondent, Claimant again testified that he had no bone protruding from the side of his foot after the Cook County Jail injury. Respondent introduced medical records from Joliet Correctional Center in evidence, which included an Illinois Department of Corrections “medical history form” purporting to be dated January 25, 1985, bearing the following notation: “Right foot-had cast 1984-bone protrudes.” Also, on certain “medical progress notes” bearing a date of January 30, 1985, the following notation appears: “I hurt my right foot last August-they took cast off in September and it still hurts all of the time-deformity outer aspect, right foot.” 170

The medical progress notes referred to above are followed by medical progress notes noting the incident of February 1, 1985, about which Claimant complains in the present case. The Court of Claims Act provides in pertinent part as follows: “sec. 14-whenever any fraud against the State of Illinois is practiced or attempted by any Claimant in the proof, statement, establishment or allowance of any claim or any part of any claim, the claim or part thereof shall be forever barred from prosecution in the Court.” Respondent argues that undisputed medical records made immediately before the accident and injury of which the Claimant now complains establish that Claimant did indeed have a lump protruding from his right foot about which he had complaints immediately prior to the incident now complained of. This evidence, properly before the Commissioner, can leave little doubt that the Claimant did indeed by his testimony attempt fraud against Respondent in connection with this claim. It is therefore ordered that this claim is dismissed and in accordance with Illinois Revised Statutes (1985), ch. 37, sec. 439.14, Claimant’s claim be forever barred from prosecution in this Court.

(No. 85-CC-2452-Claim dismissed.)

GEORGE HAYNES111, Claimant, v. THE STATE OF ILLINOIS, Respondent. Opinion filed August 4,1986.

GEORGE HAYNES111, pro se, for Claimant.

NEIL F. HARTIGAN, Attorney General (MICHAEL TAYLOR, Assistant Attorney General, of counsel), for Respondent. 171

PRISONERS AND INMATEs-lost property--failure to exhaust administrative remedies not proued-motion to dismiss denied. In the matter of an inmate’s claim concerning the loss of personal property during his transfer within a penal institution, the State’s motion to dismiss based on Claimant’s failure to exhaust his administrative remedies was denied, since a letter from a prison official concerning Claimant’s failure to appear at an administrative hearing on the matter was based on hearsay and was insufficient, standing alone, to justify denying Claimant a hearing. SAME-~OSS of personal property-bailment theory-bailment not proved-claim dismissed. Where an inmate proceeded against the State on the basis of bailment with regard to the loss of certain personal property during a transfer within a penal institution, his claim was dismissed, since the complaint alleged that an unknown officer or agent of the State took possession of the property and Claimant was later informed that it was missing, and there was no evidence tending to prove those allegations.

RAUCCI, J. Claimant, an inmate of an Illinois penal institution, has brought this action seeking compensation for the value of two gold neck chains, a medallion and one pair of boots. Claimant’s complaint alleges that, at the time of his transfer from segregation to orientation on May 29, 1984, his property was taken into the exclusive possession or control of an unknown officer, agent or employee of the Respondent and the Claimant’s demands to have his property returned have been refused. As a preliminary matter, it must be noted that this cause was originally assigned to Commissioner Simpson on May 13, 1985, and was later assigned to Commis- sioner Rath. On June 26, 1985, Respondent filed a motion for general continuance while this file was pending before Commissioner Simpson, alleging that the Claimant failed to appear before the Administrative Review Board (ARB) and had not exhausted his administrative remedies. Attached to the motion was a copy of a letter from Mark A. Varner of the Illinois Department of Corrections to the Honorable Neil Hartigan dated June 7, 1985, purporting to set forth that the Claimant was scheduled to appear before the ARB on 172 February 20,1985, but “refused” to go before the ARB to be heard. Apparently as a result of that motion and letter attached thereto, Commissioner Simpson entered an order continuing the cause, which was filed August 8, 1985, reciting that “at this point there is no way for the Commissioner to determine the truth” of whether the Claimant had refused to appear before the ARB or not. Commissioner Simpson ordered that the cause be continued to November 10,1985, in order that Claimant could obtain a hearing before the ARB and that the Claimant should notify the Court of the status of the ARB hearing on or before November 10, 1985. On August 19, 1985, this cause was referred to Commis- sioner Rath and was set for hearing December 2,1985. At the hearing, Respondent objected to proceeding with the hearing on the ground that Claimant had not exhausted his administrative remedies. Due to the fact that Claimant was present and had been placed under oath, the Commissioner interrogated the Claimant as to the allegation in Mr. Varner’s letter, upon which Commissioner Simpson apparently relies, that he had “refused’ to appear before the ARB. Claimant denied any refusal to appear before the ARB and affirmatively stated that at no time had he received a pass to appear before the ARB and that, of course, he did not have freedom of movement within the institution so that he could at his whim go from place to place in response to administrative hearing settings or for any other purpose within the institution. Respondent acknowledged that Mark Varner, the author of the letter upon which Commissioner Simpson apparently relied, did not have personal knowledge of whether or not the Claimant had been given the opportunity to appear before the ARB. Further, Respondent acknowledged that, in fact, 173

Claimant had filed a grievance and had attempted to pursue administrative remedies. In Respondent’s brief, Respondent persists in arguing that Varner’s letter, in and of itself and standing alone, is sufficient cause to deny Claimant a hearing in this case. We do not agree. Varner’s letter, admitted by Respondent to be based on hearsay, that Claimant “refused to attend an ARB hearing when weighed in the face of Claimant’s direct and uncontradicted testimony that he filed his claim and was never given a pass to attend the hearing, or any hearing thereon, does not deprive Claimant of his right to be heard. Therefore, Respondent’s objection to the hearing and motion for dismissal for want of prosecution is denied. On the merits of this cause, Claimant testified that on May 29, 1984, Claimant was transferred out of the segregation unit to the orientation unit as a result of a shakedown. The property Claimant grieves as lost was in his cell at the time. When Claimant’s property was brought to him in a “garbage bag” it was not accompa- nied by an inventory slip, sealed in any proper transfer container, and both gold chains, medallions and combat boots were missing. Claimant went into some detail attempting to show that procedures prescribed by administrative regulations regarding the transfer of inmates’ property were not followed by Respondent. Claimant contends that he wore his chains into the institution, and he was not required to have personal property permits for the chains. Claimant testified that his chains were worth $260 and $340 but stated “that’s a rough guess.” They had been acquired for him by his mother for his 21st birthday. 174

In Doubling v. State (1976), 32 Ill. Ct. C1. 1, this Court held that where a bailment is shown to have existed, Respondent may be liable for the value of the Claimant’s property. In Bargas v. State, 32 111. Ct. C1. 99, it was held that the State does not owe a duty to its inmates of penal institutions to safeguard their property, which they may keep in their cells, from pilferage by other inmates. In Blount v. State, 35 Ill. Ct. C1. 790, this Court held that the cumulative precedential effect of Doubling and Bargas, supra, is not to be interpreted to mean that unless a bailment relationship is alleged or established by the evidence, the loss of an inmate’s property is never compensable. In Blount, this Court stated that if properly pleaded and proven, the State can be held liable for the loss of an inmate’s property notwithstanding the existence or nonexistence of a bailment relationship. This Court stated that, “to hold otherwise would be to condone irresponsibility and/or complicity on the part of the prison authorities.” In this case, Claimant alleges that, at the time of his transfer, an unknown officer, agent or employee of the State took exclusive possession and control of Claimant’s property, and further, that Claimant had been informed by Respondent that his property was missing and could not be returned to Claimant. There is no evidence which would tend to prove the allegations of the complaint. Claimant did not proceed against Respondent on the basis of negligence but chose to proceed on the basis of bailment . No proof of a bailment was offered. It is therefore ordered that this claim is dismissed, with prejudice. 175

(No. 85-CC-2570-Claimant awarded $3,000.00.)

THEARITY WHITE, Claimant, u. THE STATE OF ILLINOIS, Respondent. Opinion filed June 22,1987.

THEARITY WHITE, pro se, for Claimant.

NEIL F. HARTLGAN,Attorney General (CLAIRE E. TAYLOR, Assistant Attorney General, of counsel), for Respondent.

PRISONERSAN D INtams-inmate’s finger crushed by manhole cmer- State negligent-award granted. An inmate of a correctional center was granted an award for the injuries sustained when his finger was crushed under a manhole cover while he was working with a crew inspecting manholes, since the State breached its duty to provide safe tools and working procedures by failing to provide blocks to slip under the covers when they were lifted.

SOMMER, J. Claimant, a former resident of the Stateville Correctional Center, now residing at the Danville Correctional Center, has brought this action for personal injuries sustained by him on February 26, 1985, on the Stateville grounds when a manhole cover fell on his left middle finger. The Claimant and two other residents were on a work crew which had the daily duty of lifting various manhole covers (150 to 200 pounds each) in order to inspect whatever was below the covers. Generally, the covers were lifted by a hook which would enter a hole in the covers and grip the reverse side. However, some new covers had been installed in which the hole did not go through. The supervisor of the Claimant’s work crew manufactured a hook to lift these new covers. The Claimant’s job was to grasp the cover as it was lifted and slide it aside as it was hanging on the hook. On the occasion of the injury, the new hook slipped, and the 176 cover dropped on the Claimant’s left middle finger trapping it between the edge of the manhole and the cover. The finger was badly mangled. No bones were broken, but at the time of the hearing some loss of use was evident. Claimant is right-handed. Testimony from all three members of the work crew was that the crew’s supervisor made a hook to lift the new manhole covers and ordered its use. No blocks were provided to slip under the lifted cover, so the Claimant had to slip his hands under the cover. The Respondent had a duty to provide safe tools and safe working procedures. This Court finds that both duties were breached. This Court finds that the Claimant did suffer great pain as a result of the accident and did suffer some permanent damage to his left middle finger, In Hughes 2). State (1984), 37 Ill. Ct. C1.251, a prisoner mangled and broke the bones in three fingers when a block of ice fell on them. He had substantial permanent loss of use of one finger and some permanent loss of use of another finger, with further surgery needed. He was awarded $9,000 by this Court for his pain and suffering and loss of use. Therefore, we award the Claimant $3,000 for pain and suffering and loss of use.

(No. 85-CC-3061-Claim denied.)

GERALD HARRIS, Individually, and for the use and benefit of General Casualty Company, Claimant, v. THE STATE OF ILLINOIS, Respondent. Opinion filed November 10,1986.

DANIEL R. SIMMONS, for Claimant. 177

NEIL F. HARTIGAN, Attorney General (CLAIRE E. B. GIBSON, Assistant Attorney General, of counsel), for Respondent. NEGLIGENCE-essence of doctrine of respondeat superior. Under the doctrine of respondeat superior, an employer is responsible for the actions of his eniployees when those actions are within the scope of their employment. SAME-duties of drivers on highways. Truck drivers are charged with ordinary common law duties of care to keep a lookout for things obviously visible and to keep their vehicles under control while driving on the State’s highways, and they have the further duties to drive at a reasonable speed under the existing conditions, not to follow too closely, and to decrease speed to avoid colliding with vehicles ahead of them. SAME-failure to establbh proximate cause precludes liability. The adoption of comparative negligence in Illinois did not extinguish the need to establish proximate cause, and the failure to establish proximate cause precludes liability and negates the need to compare fault. SAME-rear-end co&ion-stlowplow not cause-claim denied. Where two semitrailer trucks belonging to a Claimant were involved in a rear-end collision while following a State snowplow, the Court of Claims denied an award, since the evidence established that the snowplow was not the proximate cause of the collision, but in fact, the collision was caused by the negligence of Claimant’s drivers who could have avoided the accident by watching the traffic ahead, and driving slower or at a greater distance behind the vehicles in front of them.

HOLDERMAN, J

Claimant in this cause seeks to recover $5,194.83 for damages sustained to his truck which was damaged in an accident on January 18, 1985.

The facts in this cause are undisputed. On January 18, 1985, two semitrailer trucks loaded with coal, and owned by Claimant Gerald Harris, were being driven eastbound on U.S. Route 16, a two-lane rural highway. A semi driven by Claimant’s employee, Billy Morrisson, was following a semi driven by another of Claimant’s employees, Darryl Reilly. It was their usual practice to travel together when loading and delivering the coal, and they had done so for a long period of time. 178

I Travelling eastward through Litchfield, Illinois, the trucks proceeded down a hill, the crest of which was approximately one mile from a bridge located at the foot of the hill. There was a line of three or four cars in front of the lead semi, also traveling eastbound. Both drivers observed a State of Illinois snowplow ahead, plowing on the right-hand road shoulder, as they drove down the hill. The orange beacon light on the snowplow was operating. As the trucks neared the bridge, driver Reilly saw the snowplow pull onto the bridge (which had no shoulder) ahead of the line of cars. He signaled driver Morrisson behind him by braking and warning him by CB radio that the plow was pulling onto the bridge. The snowplow and the cars went across the bridge and, just as driver Reilly got across the bridge, he completely stopped his semi on the road and was then rear-ended by Morrisson’s semi, causing damage to the front of Morrisson’s semi. Reilly had not told Morrisson he was going to stop on the pavement. The two semis were the only vehicles involved in the accident.

Under the doctrine of respondeat superior, Claim- ant is responsible for the actions of his employees, within the scope of their employment. Claimant’s driver employees were acting within their employment when this accident occurred.

Claimant’s driver employees were charged with ordinary common law duties of care to keep a lookout (Pyle v. State (1980), 33 111. Ct. C1. 6), to see things obviously visible (Pyle, supru; Adams v. State (1981), 35 Ill. Ct. C1. 216), and to keep their vehicles under control (Howell v. State (1959), 23 111. Ct. C1. 141). Further, they had a statutory duty under section 11-601 of the Illinois Vehicle Code (Ill. Rev. Stat., ch. 95%,par. 11-601) to drive at speeds reasonable and proper under the 179 conditions that existed, so as not to endanger the safety of persons or property, and to decrease speed as necessary to avoid colliding with persons or vehicles. Both drivers had a duty under section 11-710 of the Illinois Vehicle Code (Ill. Rev. Stat., ch. 95%,par. 11- 710) not to follow vehicles ahead more closely than is reasonable and prudent, considering speed, traffic, and highway conditions. From the evidence submitted, the Court is of the opinion that driver Reilly in the lead truck violated his duties by negligently stopping on the pavement, without specific warning, when it was not necessary for him to do so. If it was necessary for him to stop completely to avoid hitting the car in front of him, then he must have been driving too fast or following too closely, since the car in front of him did not stop. Although driver Morrisson testified he was driving below the limit of 45 miles per hour, the Court can only conclude from the facts of the accident that he was either driving too fast under the circumstances or that he was following the other truck too closely. It is well to note that the three or four autos immediately ahead of the truck were all able to slow down enough behind the snowplow to avoid collisions. Only the Claimant’s drivers were unable to slow down enough to drive on behind the snowplow as the autos did. This is clear evidence that they were either driving too fast or following too closely and the one could not stop when the truck in front of him stopped on the pavement. The adoption of the doctrine of comparative negligence in the State of Illinois did not extinguish the requirement of proximate cause. Failure to establish I 180 proximate cause of an injury precludes liability, negating the need to compare fault. Nunley v. Village of Cahokia (1983), 115 Ill. App. 3d 208, 450 N.E.2d 363, leave to appeal denied; Misch v. Meadows Mennonite Home (1983), 114 Ill. App. 3d 792,449 N.E.2d 1358. It therefore appears the proximate cause of the rear- end collision was the negligent driving of Claimant's drivers. They could have avoided the accident by watching the traffic ahead of them more closely, by driving slower, or at a greater distance behind the vehicles in front of them. This claim is denied.

(No. 86-CC-0048-Claimant awarded $500.00.)

MAURICE MOORE, Claimant, u. THE STATE OF ILLINOIS, Respondent. Opinion filed June 22,1987.

MAURICE MOORE, pro se, for Claimant.

NEIL F. HARTICAN, Attorney General (JOHN R. BUCKLEY, Assistant Attorney General, of counsel), for Respondent. NEGLIGENCE--TeS ipsa loquitur applies to State. The doctrine of res ipsa loquitur is applicable to a public authority in the State of Illinois. PRISONERSAND INMATts-swZ'vel chair broke-inmate injured in fall-res ipsa loquitur-award granted. Based on the doctrine of res ipsa loquitur, an inmate of a correctional center was granted an award for the injuries he sustained when a swivel chair bolted to a table unit gave way and threw him to the floor, since the evidence established an unrebutted prima facie case of negligence on the part of the Respondent. 181

PATCHETT, J.

This is a claim brought by Maurice Moore for personal injuries sustained by him while a resident of the Centralia Correctional Center. On April 27, 1985, Claimant was playing cards in the day room of the institution. While sitting in a plastic swivel chair bolted to a table unit, the chair gave way and threw him to the floor. He injured his back, and in trying not to hit his head on the floor, caused his left index finger to be sprained. Examination of the chair revealed that one or more of the screws needed to hold the chair to the unit were missing.

Applying this Court’s holding in Ware v. State, 25 Ill. Ct. C1. 181, Claimant made an unrebutted prima facie case of negligence on the part of the Respondent. In Ware, the Claimant was injured when the chair in which she was sitting in a State office collapsed.

“This Court is of the opinion that the doctrine of res ipsa loquitur is applicable to a public authority in Illinois. (See Roberts u. City of Sterling, 22 111. App. 2d 337; Kenney u. State, 22 111. Ct. C1. 247; and Finch u. State, 22 111. Ct. C1. 376.) The testimony clearly shows that the chair in question was under the control and management of the Unemployment Compensation Division of the Department of Labor of the State of Illinois, and that the occurrence was such as in the ordinary course of events would not have happened if due care had been exercised by Respondent. Claimant has established a prima facie case of negligence on the part of the Respondent, thereby shifting the burden of proof to Respondent. Respondent produced no evidence on the question of negligence and has failed to rebut the presumption raised by Claimant’s testimony. There is testimony in the record by Claimant that after the fall she noticed there was an old place in the chair where the chair had cracked, and that there was a crack on the back part of the chair where the seat goes into the leg. Under the doctrine of res ipsa loquitur it becomes the obligation of Respondent to show by affirmative proof that Respondent was not guilty of negligence in the incident in question, namely, the collapsing of the chair on which the Claimant sat. Respondent has failed to do so, and the Court finds that Respondent was guilty of negligence in the maintenance of the chair, and that said negligence caused the injury to Claimant.” Ware u. State, 25 Ill. Ct. C1. 181,185. 182

Claimant’s medical history pertaining to the accident is contained in the departmental report attached to the transcript of this case. We are of the opinion that the Claimant suffered temporary pain and discomfort. It appears that he was unable to work in the correctional center kitchen for two weeks, and lost $6.00 in pay. Therefore, we award the Claimant five hundred dollars ($500.00) for pain and suffering.

(NO. 86-CC-0230-Claim denied.)

VERA IRENE MCGRAW,Claimant, u. THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION, Respondent. Opinion filed August 6,1986.

LAWRENCE BRUCKNER, for Claimant.

NEIL F. HARTIGAN, Attorney General (JOHN BUCKLEY, Assistant Attorney General, of counsel), for Respondent. NECLIGENCE-State is not insurer of safety of invitees. The State has a duty to exercise reasonable care for the safety of invitees using State buildings and property, but the State is not an insurer of the safety of invitees. SAME-slip-and-fall-ice-breach of duty by State not proved-claim denied. The Court of Claims denied a claim for injuries sustained when the Claimant slipped and fell on ice at a State facility where she had gone to work as a volunteer for a Red Cross bloodmobile program, since she failed to prove by a preponderance of the evidence that the State breached its duty of reasonable care to provide for the safety of persons using the facility for the blood donation program.

POCH, J. This claim arises out of an incident which occurred on December 13, 1983, at the State of Illinois Depart- ment of Transportation headquarters in Dixon, Illinois. j

183 On that date the Red Cross set up its bloodmobile in the assembly room of the Department headquarters for the benefit of the Transportation employees and others who desired to donate blood. On the morning of December 13,1983, at about 10 a.m., Claimant drove into the employees’ parking lot at the north end of the Department of Transportation complex and parked her car. Claimant came as a volunteer to help prepare lunch for those who had , donated blood. It had rained the night before and the I temperature was in the low thirties. I Claimant entered the building at the north door and I walked down the corridor to the assembly room where she found the bloodmobile. She intended to return to her 1i car to bring in the groceries for the donors’ lunch. As Claimant started for her car, a man who also was a volunteer for the Red Cross offered to go with her to carry the groceries. Claimant testified she started to retrace her steps and started to walk in the same direction as she came when the other volunteer said, “You’re going the long way. I’ll show you a short cut.” i She further testified that from then on “I was in his hands, and went with him as he seemed to know where he was going.” Unfortunately, he did not know where he was going and they walked in the exact opposite direction from the direction they should have taken and exited the building at its far southwest corner. The Department of Transportation had posted signs I I both inside and outside the building identifying the I parking lot to be used by the volunteers and donors, and I the portions of the building being set aside for Red Cross purposes. In walking in the direction which they did 1 184 Claimant and her friend ignored a sign in the corridor pointing in the opposite direction. They exited the building onto a concrete parking lot.

They were passing in front of a garage door when Claimant slipped on some ice and fell breaking her left arm.

Claimant testified that the surface was clear and that the ice was thin and very smooth. The sheet of ice was about three feet across.

As a result of the fall, Claimant was unable to accept a job as a cook.

James P. Wasilewski, a witness for Respondent, testified that he is the business services manager for the installation and is responsible for the maintenance of the office, including snow and ice removal around the facility. He testified that he made detailed preparations both inside and outside the building to insure the safety of persons using the parking lot and the part of the building reserved for volunteers and blood donors. He did not anticipate that anyone involved in the blood program would find their way into the southwest comer of the building. After the accident, Wasilewski did inspect the area where Claimant had fallen and found only dampness on the pavement.

The State is not an insurer of the safety of invitees, but must only exercise reasonable care for the safety of invitees.

The burden is upon the Claimant to prove by a preponderance of the evidence that the State breached its duty of reasonable care. This Claimant has failed to do. 185 We find that the Claimant has not shown by a preponderance of the evidence that the Respondent was negligent, and therefore this claim is denied.

(No. 86-CC-0338-Claim denied.)

JAMES DAVIS, Claimant, 0.T HE STATE OF ILLINOIS, Respondent. Opinion filed May 26,1987.

JAMES DAVIS, pro se, for Claimant.

NEIL F. HARTIGAN, Attorney General (JIM MAJORS, Assistant Attorney General, of counsel), for Respondent.

PRlSONERS AND INMATES-state’s duty to SUpeT7liSe work Of inmates. Inmates of State penitentiaries have a right to safe and adequate work tools, and the State has a duty to supervise the work of inmates and provide such tools. SAME-inmate burned by hot water-bucket not proved unsafe-claim denied. In an action arising from injuries sustained when an inmate was burned by hot water which spilled from an allegedly defective bucket he was using to fill a coffee machine, the Court of Claims held that the inmate failed to prove his claim by a preponderance of the evidence, since there was no evidence that the bucket was dangerous or improper for use in filling the coffee machine, Claimant failed to show any standards as to what equipment would be proper to fill the machine, and he had followed the same procedures in filling the machine for two years prior to the injury. SAME-inmate burned-hot water spill-improper medical care not proved-claim denied. An inmate who was burned when hot water spilled on hi5 foot while he was filling a coffee machine failed to establish a breach of the State’s duty to provide proper medical care, since the only evidence of the State’s negligence was the inmate’s conclusory testimony, there was no proof of any standard of care violated, Claimant was not exempt from establishing the standard of care, and the State’s report concerning the treatment rebutted Claimant’s conclusions and was prima facie evidence that the treatment was adequate.

MONTANA, C.J. Claimant’s complaint arose from an incident on June 2, 1985. On that date, the State of Illinois I 186 Department of Corrections (State) allegedly made Claimant use an unsafe bucket, without a handle, to pour hot water into a coffee pot. The bucket slipped out of his hands, the hot water spilled and caused burns to Claimant’s right foot. He further alleged that the State failed to provide proper medical care for his injuries. During the period in question, Claimant was an inmate at Stateville Prison in Pontiac. The case proceeded to trial on July 10, 1986. The evidence consisted of Claimant’s testimony, the Department of Corrections report and Claimant’s medical records. Claimant and Respondent each filed briefs in support of their respective positions. Claimant advised the Court on February 22, 1987, that he would not file a reply brief. For the following reasons, this claim is denied. At the time of the incident in question, Claimant was assigned to the officers’ kitchen at Stateville. His responsibilities were to maintain a steam table and make coffee. Claimant had been assigned to this area for approximately three years. For two of those years he made coffee each morning he worked. Prior to being assigned to Stateville he had organized kitchens and taught people how to run kitchens. He also trained other prisoners assigned to the officers’ kitchen. Claimant testified that on Sunday, June 2, 1985, at about 5:30 a.m., he was in the kitchen making coffee. He followed the same process he had in the past. Claimant drew hot water for the coffee machine into a bucket. Whether the bucket had a handle or not is disputed. Claimant alleges it was without a handle. He then stood on a chair and proceeded to pour the hot water into the 187 coffee machine. While Claimant was pouring, the bucket slipped and the water spilled on his foot. He immediately took off his shoe and sock and the skin had begun to blister. From the kitchen, Claimant went to the office of the kitchen and saw a supervisor named Jones. Jones gave him some Silvadene burn cream, which Claimant applied to his foot. At Jones’ direction, Claimant was assisted to the prison hospital. Upon arrival at the hospital, two paramedics on duty informed Claimant that a doctor was not on duty at the time and that nothing could be done. He asked the paramedics for something for the pain but was refused because no doctor was present. Claimant was told by the paramedics that a doctor would be in between 10 and 10:30 a.m. While he was waiting, the only thing that could be done was to soak his foot in cold water. Some of Claimant’s fellow inmates assisted him into a bathroom. He put his foot in a pan of ice water while he was waiting. During this period Claimant’s foot swelled and he passed out intermittently. At 10:30 a.m. Claimant saw a doctor. The doctor said that it was a second degree burn. The doctor advised a two-day lay in and Tylenol for the pain. A lay in means that Claimant was to stay in his cell with no work activity. When asked about the pain, the doctor responded that Tylenol was all he would prescribe at that time. The next day, on June 3, a paramedic took Claimant back to the hospital. Blisters on his foot were broken by hospital personnel, medicated and dressed. At this time medication was prescribed for Claimant’s pain. The next few days, he had the dressing changed twice a day. 188 Claimant further testified that on Friday, June 7, he was admitted into the hospital because his foot was infected. Claimant’s dressings were still changed twice a day and he was given pain medication twice a day. Approximately one week later, Claimant was discharged from the hospital. Subsequent to discharge he was to return from the cellhouse daily to have the dressings changed and receive therapy. Claimant was told he could return to work when he could get his shoe on. One or two weeks later, he could wear a shoe and was told to return to work. The Department of Corrections report, offered as evidence by the State, contained an incident report filed by supervisor Jones, a statement by James Heaton, health care unit administrator, and Claimant’s medical records. The records indicate that Claimant was treated June 2, at 6:05 a.m., in the prison medical unit by a registered nurse. Silvadene cream and a sterile dressing were applied. No blistering was noted by the nurse and Claimant was told to return at 10 a.m. for examination by a doctor. Upon return at 10 a.m. the doctor diagnosed “developing first degree burns.” The doctor also indicated that the patient did not complain of any pain or discomfort. On June 3, Claimant returned and was again seen by a nurse and doctor. The diagnosis was changed to second degree burns as blisters had developed. The blisters were debrided and fresh dressings applied. No complaint of pain by the Claimant was indicated. Claimant continued to return for a change of dressings and examination daily from June 3 through June 7. No complaint of pain was recorded until June 6. Heaton’s report states that at 10:20 a.m. on June 6, 189

Claimant was given two Percodon pain tablets. On June 7, Claimant was admitted to the infirmary for one week for treatment. During that period, any complaints of pain were duly noted and medicated and Claimant’s condition was regularly monitored. Claimant was discharged on June 13, with orders to return daily for seven days for therapy and dressing change.

As can be seen from the preceding scenario,’the two versions of Claimant’s medical treatment parallel each other quite closely. Stripped of Claimant’s rhetorical embellishments, the only material deviation stems from when Claimant first complained of pain and whether the State’s asserted ignorance of those complaints equals improper medical treatment. The answer to that question has to be no.

The issues before the Court are whether the State was negligent in supplying unsafe equipment for the Claimant and if the medical treatment afforded Claimant was of a standard of care beIow that required in the community.

The State has a duty to supervise the work of inmates in State penitentiaries and to provide safe and adequate work tools. (Hughes v. State (1984), 37 Ill. Ct. C1. 251.) While it is disturbing that the issue of whether or not the bucket had a handle cannot be definitively resolved because the bucket has mysteriously disap- peared, that fact bears little weight upon the Court’s conclusion. Accepting as true the assertion that it did not have a handle, Claimant made coffee with this bucket daily for two years. He was familiar with the kitchen operation. It would appear that the Claimant did not act with due care for his own safety in an area and with equipment with which he was familiar. 190 Granted, as an inmate, Claimant is required to take orders and carry them out. He did not enjoy the same independence as a person outside the penitentiary. To refuse to use the bucket may subject him to disciplinary action. So Claimant kept silent and did as he was told. Goodrich v. State (1984), 36 Ill. Ct. C1. 326; Moore v. State (1951), 21 Ill. Ct. C1. 282. However, Claimant’s position does not relieve him of a duty to exercise due care for his own safety. Claimant has the burden of proving his claim by a preponderance of the evidence and has not done so. Brown v. State (1980), 33 Ill. Ct. C1. 100; Cook v. State (1973), 28 Ill. Ct. C1. 240. There was no evidence that a supervisor was aware of any dangerous condition or that Claimant ever affirmatively requested a different bucket. (Burns v. State (1982), 35 Ill. Ct. C1. 782.) There was no evidence that Claimant or anyone else had any problems with the bucket before the injury. There was no testimony that the bucket was improper for its use. (Robinson v. State (1984), 36 Ill. Ct. C1. 298.) Further, under the evidence before the Court, the bucket could not be called inherently dangerous. McCahee v. State (1977), 33 Ill. Ct. C1. 326. Finally, Claimant has failed to show what standards were acceptable and what equipment was proper for use in performing his duties at the time of injury. (Kernper v. State (1982), 35 Ill. Ct. C1. 144.) In fact, Claimant used this bucket and followed the same procedure daily for two years prior to his accident. Claimant cites Spears v. State (1984), 37 Ill. Ct. C1. 164, as support for his position. Spears is inapposite to the facts at hand. In Spears, liability was predicated 191 upon the Claimant’s lack of training. Clearly, that situation does not apply to the case at bar. Claimant’s allegations of improper medical care are equally without merit. No proof of the State’s alleged negligence other than Claimant’s own conclusory testimony was presented. There also was no proof of any standard of care violated by Respondent. Wollard v. State (1980), 34 Ill. Ct. C1. 198. Claimant must establish a breach of duty through expert testimony to establish that the Respondent devi- ated from the required standard of care. (See Conrad v. Christ Hospital (1975), 77 Ill. App. 3d 337, 395 N.E.2d 201.) Claimant cites Clark v. State (1984), 37 Ill. Ct. C1. 231, in support of his position that he is excepted from the above expert rule. Claimant’s stance is untenable. The negligence in Clark was so obvious that an expert was not necessary. This is missing in the present case. Claimant was examined and treated on at least a daily basis from the time of his injury until his return to work. He offered no convincing evidence that either his pain or the serious- ness of the injury was exacerbated by the State’s treatment. Without more from Claimant, the department report rebuts Claimant’s conclusions of negligence and is prima facie evidence that adequate treatment was given Claimant. Splain v. State (1980),34 Ill. Ct. C1. 111. Accordingly, Claimant James Davis’ claim is denied. 192

(No. 86-CC-1067-Claim denied.)

BARBARA LYONS, Claimant, 0. THE STATE OF ILLINOIS, Respondent. Opinion filed April 21,1987.

WINSTEIN, KAVENSKY, WALLACE & DOUGHTY (CRAIG L. KAVENSKY, of counsel), for Claimant.

NEIL F. HARTIGAN,Attorney General (CLAIRE TAYLOR, Assistant Attorney General, of counsel), for Respondent.

STATE PARKS AND RECREATION AREAS-state’s duty to maintain parks. The State is not an insurer against accidents occurring to visitors to State parks, and is not required to undertake extraordinary inspections of such facilities, but the State does have a duty to exercise reasonable care in the maintenance of State parks. NEGLIGENCE-inUitee assumes normal and obvious risks. An invitee, as a principle of law, assumes the normal and obvious risks attendant to the use of premises, and the State, since it is not an insurer against all accidents on its premises, cannot be expected to remove all risks of accidents which may occur in the absence of negligence.

STATE PARKS AND RECREATION AREAS-hiker fell on wood stairs- negligence of State not proued-claim denied. A claim for the injuries sustained when a hiker at a State park fell and broke her ankles on an allegedly defective wooden stairway was denied, notwithstanding the Claimant’s contention that the State had constructive notice of the defective condition of the stairs, since the evidence established that the State used reasonable care in inspecting and maintaining the stairs, and the alleged defect was minor and not actionable. POCH, J. This claim arises out of an accident which occurred on November 25, 1984. Claimant seeks to recover for injuries she sustained when she fell after descending a flight of stairs constructed of wood and maintained by the Respondent at Black Hawk State Park located near Rock Island, Illinois. On October 9, 1986, Commissioner Bruno P. Bernabei held a hearing on the evidence. The commissioner has duly filed his report, together with the transcript, exhibits and briefs now before us. 193

The Claimant testified that as she stepped off the last step of the stairway with her left foot on to a wooden platform, her left foot became caught in a hole located on said platform. She further testified that as she brought her right foot down, it also became lodged in the hole located on the platform, thereby causing her to fall to the ground. The injuries consisted of fractures to both of her ankles, the right ankle suffering a nondisplaced break of the distal fibula, and the left ankle suffered fractures involving three breaks. She was treated by Dr. Richard Ripperger, who last examined her approximately four months after the accident noting good range of motion. Although Claimant was advised by the treating physician to return for a follow-up within three months if she was still experiencing difficulty, Claimant testified that she did not in fact return to the doctor. The testimony by Respondent’s witnesses was to the effect that the stairway and platform in question were originally built in 1976 and that the stairway itself was replaced in the summer of 1984. There was further testimony that the stairway and platform were last inspected during the first week of November 1984, at which time they were found to be in good condition. The platform itself was constructed of two-inch by 10- inch boards with a thickness of lfi inches. The testimony indicated that the wood was specially treated, but it would still be subject to deterioration from the weather. At the time of the hearing, the Claimant testified that she still has pins in her left ankle and that she notices swelling in both of her ankles. She further testified that, depending on the weather, she experiences considerable pain. Claimant testified that she is no longer able to walk the distances that she was able to prior to the accident, 194 and is concerned that she will not be able to return to her nursing profession. Total medical expenses incurred because of the injury to Claimant were in the amount of $5,143.35, and of said amount all but $1,078.48 was paid for by insurance providers. Claimant relies on Baren v. State (1974), 30 Ill. Ct. C1. 162, wherein the Court held that the existence of a hole on a public street for over a month gave the State constructive notice of its existence and that the State was under a duty to either make repairs or erect a warning of said condition. The Claimant feels that based on photographs taken within one month of the accident, which were introduced into evidence, showing a hole which would appear to have been in existence for some time, the Respondent would, therefore, have constructive notice of the dangerous condition. From the evidence introduced and the testimony of witnesses, it appears that the alleged defect had not rotted through the board and, at best, would be construed to be a minor defect in the platform. This Court has noted that minor defects are not actionable in that no one would anticipate danger from such minor defects. If, in this case, the condition had worsened and deteriorated into a hole in the platform, it would have become a dangerous condition, thereby imposing responsibility on the Respondent, if the said Respondent had actual notice thereof or sufficient evidence supporting constructive notice. This does not appear to be the case under the evidence presented in this matter. This Court has previously found that the Respon- dent State has a duty to exercise reasonable care in the maintenance of its parks. (Finnv. State (1962), 24 Ill. Ct. 1

195 C1. 177.) The Respondent is not an insurer against accidents occurring to visitors to park facilities, and is not required to undertake extraordinarily burdensome inspections. (Finn, supra.) The facts, as set out above, establish that the park personnel made weekly summer inspections, responded immediately to complaints, and made repairs promptly. A case directly on point is Barry v. State (1982), 35 Ill. Ct. C1. 131. In Barry, the Claimant fell off a wooden stairway on a hiking trail when the handrail gave way. Weekly inspections had been made of that structure, as they were in this case. Recovery was i denied in Barry, for lack of notice of the defective I condition. It is a principle of law that an invitee, such as the Claimant, assumes normal or obvious risks attendant to the use of premises. (Lindberg v. State (1954),22 Ill. Ct. C1. 29.) Because the State is not an insurer it cannot be I expected to remove all risks of accidents which may occur in the absence of negligence. Obviously, there are certain risks inherent in hiking that must be assumed by i the hiker. Kamin v. Illinois (1953), 21 Ill. Ct. C1.467.

~ The burden is upon the Claimant to prove by a preponderance of the evidence that the State breached its duty of reasonable care. I~

I It is the opinion of the Court that Claimant has not I shown by a preponderance of the evidence that the State was negligent and therefore this claim is denied. iI

I I i 196

(No. 86-CC-1220-Claimant awarded $301.77.)

CRAIG RANDICH,Claimant, v. THE ILLINOIS DEPARTMENT OF CORRECTIONS, a division of THE STATE OF ILLINOIS, Respondent. Opinion filed August 18,1986.

CRAIG RANDICH,pro se, for Claimant.

NEIL F. HARTIGAN, Attorney General (ROBERT J. SKLAMBERG, Assistant Attorney General, of counsel), for Respondent. STIPuLATIoNs-prison inmate drove tractor into Claimant’s car- stipulation-award granted. Based on the joint stipulation of the parties, an award was granted for the damages sustained by Claimant when an inmate of a correctional center struck Claimant’s car with a tractor the inmate was operating just outside the prison premises.

PATCHETT, J. This matter is before the Court upon the joint stipulation of the parties hereto. This claim sounds in tort and is brought pursuant to section 8(d) of the Court of Claims Act. 111. Rev. Stat. 1985, ch. 37, par. 439.8(d). On or about July 4, 1985, a tractor operated by an inmate of Stateville Correctional Center struck Claim- ant’s automobile at a location just outside the prison bremises. At the time of the incident, said inmate was engaged in certain work at the request and direction of Respondent. As a result of this incident, Claimant sustained damage to his automobile. We note that the parties hereto have agreed to a settlement of this claim and that Respondent agrees to the entry of an award in favor of Claimant in the amount of three hundred one dollars and seventy-seven cents ($301.77). Based on the foregoing, Claimant, Craig Randich, is hereby awarded the sum of three hundred one dollars 197 and seventy-seven cents ($301.77), in full and final satisfaction of this claim.

(Nos. 86-CC-2978,86-CC-2979-Claims denied.)

KATHLEEN S. POTTER et al., and RONALD STRUEBINet al., Claimants, u. THE STATE OF ILLINOIS, Respondent. Order filed April 9,1987.

LANE & WATERMAN, for Claimants.

NEIL F. HARTIGAN, Attorney General (SUZANNE SCHMITZ, Assistant Attorney General, of counsel), for Respondent. LIMITATioNs-Zowa claimants-attempt to collect judgment of Iowa court-action untimely-claim dismissed. In proceedings arising from a judgment of an Iowa court granting Claimants a monetary judgment against the State of Illinois for the death of Claimants’ decedents in an accident on a bridge over the Mississippi River, the Court of Claims dismissed the attempt to collect the judgment by garnishing funds withheld for Illinois taxes, notwithstanding the fact that the State of Illinois erroneously contended the actions should be dismissed for failure to give timely notice of intent to commence wrongful death actions, since the claims accrued on the I date of the Iowa judgment, but were not filed in the Court of Claims until more than two years later, and the Court of Claims has no authority to expand the time for filing as provided in the statute of limitations.

RAUCCI, J. This cause coming on to be heard on the Respon- dent’s motion to dismiss, the Claimants’ “resistances” thereto, the Court having reviewed the record and being fully advised in the premises, the Court finds: 1. An action was initiated in the Iowa district court for Scott County by Claimants against the State of Illinois alleging that James Potter and Joel Struebin died as a result of an accident on the 1-80 bridge over the Mississippi River between Iowa and Illinois. Over the objections of the State of Illinois, the Iowa court ruled there was jurisdiction over Illinois. After trial, a jury awarded $196,000.00 to Struebin’s estate, reduced to $57,070.59 because of Struebin’s own negligence and the amount paid by the State of Iowa in settlement. The jury awarded Potter’s estate $212,000.00 and reduced the amount to $61,729.41 for the same reasons. Claimants thereafter sought to garnish funds owed by Caterpillar Corporation to Illinois representing funds withheld for Illinois taxes. Respondent urges that these actions which were filed April 18, 1986, should be dismissed because they are untimely and because of failure to give notice of the intent to commence wrongful death actions. If these actions are wrongful death actions, the Respondent is correct. We do not believe that these actions are wrongful death actions. They do not seek to litigate the issue of wrongful death, but seek to collect monies alleged to be owed by virtue of the judgment of the Iowa district court. This finding, however, does not end our inquiry. Section 9 of the Court of Claims Act (Ill. Rev. Stat. 1985, ch. 37, par. 439.22) provides that “Every claim cognizable by the Court and not otherwise sooner barred by law shall be forever barred from prosecution therein unless it is filed with the Clerk of the Court within the time set forth as follows:

000

(f) All other claims must be filed within 2 years after it first accrues. . . .” The complaints filed by Claimants each states in paragraph 2 as follows: “2. This cause of action arises from the findings, conclusions, and judgments rendered against the State of Illinois in the Iowa District Court for Scott County on October 27,1983 in Law No. 62716.” 199 Claimants’ complaints, in paragraph 4, allege that they had execution issue in order to collect the judgments. The Iowa Supreme Court, on March 19, 1986, affirmed, on different grounds, the district court’s granting of a “special appearance” in the garnishment proceedings. A “special appearance” in Iowa appears to be the same as a “special and limited appearance” in Illinois. In any event, Claimants now urge that Respondent has “waived its right” to assert the Illinois statute of limitations because Illinois did not assert that defense in the Iowa proceeding. Additionally, Claimants assert that their Iowa judgment is entitled to full faith and credit under the Federal Constitution. Finally, Claimants assert that these claims “did not ripen until the decision of the Iowa Supreme Court (March 19, 1986). ...,, Claimants’ complaints make clear that their theory was that the causes of action accrued on the date of judgment, i.e., October 27, 1983. The Iowa Supreme Court decision of March 19, 1986, was a post-judgment proceeding arising out of Claimants’ attempts to garnish Illinois funds owed for Illinois taxes, and not the date the cause of action accrued. The Iowa judgment apparently was not appealed. We-need not reach the “full faith and credit” question since we do not have jurisdiction to consider this claim. The Respondent could not “waive” the defense of the statute of limitations. The Illinois Court of Claims has only the jurisdiction conferred upon it by the Illinois General Assembly. Our legislature, pursuant to the Illinois Constitution, has waived sovereignty only to the extent set forth in the Court of Claims Act. We have no authority, and would violate our oath of office, to expand the time provided in the statute of limitations. I 200

Accordingly, we have no alternative but to order that these causes are dismissed, with prejudice.

(No. 86-CC-3146-Claimant awarded $45,280.23.)

AMERICAN FOUNDATION FOR THE BLIND, Claimant, 0.T HE STATE OF ILLINOIS, Respondent. Opinion filed August 5,1986.

BROWN, HAY & STEPHENS (JOHN P. HASSIEPEN, of counsel), for Claimant.

NEIL F. HARTIGAN, Attorney General (SUZANNE SCHMITZ, Assistant Attorney General, of counsel), for Respondent.

LAPSED APPRoPRIATloNs-standard procedures on lapsed appropriation claim. When the Court of Claims makes an award in the standard lapsed appropriation case, the Court of Claims makes payment with funds appropriated to the Court if the claim would have been paid out of general revenue or road funds, or, if any other fund is involved or the award is large, the award is presented to the legislature for a special appropriation. CONTRACr-COntTact services to State agenc y-stipulation-not lapsed appropriation-award granted. Based on the stipulation of the parties, an award was granted to the Claimant for services rendered to a State agency pursuant to a contract, but the standard “lapsed appropriation” procedures were not applicable, since the obligation would have been payable from a nonappropriated account, therefore no appropriation lapsed, and the State agency was ordered to take whatever steps necessary to facilitate payment of the award.

MONTANA, C.J. This claim is before the Court following the filing of a stipulation by the Respondent agreeing to an award in the full amount sought. On May 12, 1986, the Claimant brought this claim seeking $45,280.23 for services rendered pursuant to a contract with the Respondent’s Department of Rehabil- 201 itation Services (DORS). In its standard “lapsed appropriation” form complaint, the Claimant alleged that it demanded payment from DORS but that said demand was refused on the grounds that the funds appropriated for the payment had lapsed. Attached to the complaint was a copy of the contract. Also attached was a letter from DORS’ supervisor of accounting, dated April 3, 1986, to the Claimant containing the following explanation as to why the Respondent could not make the payment: “The attached invoice-vouchers, totaling $45,280.23, were not processed prior to the close of the fiscal year in which the commitment/obligation occurred. The appropriation for that fiscal year has lapsed; and in order to obtain payment for services rendered, it will be necessary for you to file a claim with the Court of Claims.” On June 11,1986, the Respondent filed a stipulation stating that this was a lapsed appropriation claim and agreeing to the entry of an award based on the attached claim report compiled by DORS. The report, authorized by the same person who wrote the aforementioned letter to the Claimant, does indicate Claimant is entitled to be paid. In the usual case involving lapsed appropriations, when an award is entered, the Court of Claims makes the payment. This is done in one of two ways. First, if the claim would have been paid, but for the lapsing of the funds, with either general revenue money or road funds and depending on the size of the award, the Court pays the award with funds appropriated to the Court for that purpose. Alternatively, if any other fund is involved or the award is large, the Court presents the award to the legislature. A bill is then passed, enacted into law upon signature by the Governor, and money is appropriated to the Court for the funds from which the claim should be paid. Upon receiving this special appropriation the 202 Court pays the award. This approach is proper from a fiscal and accounting perspective because it ensures that obligations are attributed to the fund from which they would have been paid. However, we are unable to follow either of those procedures outlined above in this instance. The DORS' report, (as opposed to the letter) which pursuant to Rule 14 of the Rules of the Court of Claims is prima facie evidence of the facts contained therein, indicates that obligation in the case at bar would have been payable from a nonappropriated account. Therefore no appropriation lapsed. Because appropriated funds are not involved, the Court is unable to make the payment on the agreed award. The record is silent as to why DORS cannot make payment. For the above reasons, we hereby enter a judgment in favor of the Claimant in the amount of $45,280.23, said judgment is to be paid from account number 831- 48801-1900-00-99, and DORS is ordered to take whatever steps 'as are necessary to facilitate payment of this award.

(No. 87-CC-0220-Claimant awarded $60.00.)

WILLIAM WOODWARD, Claimant, 0. THE STATE OF ILLINOIS, DEPARTMENT OF CORRECTIONS, Respondent. Order filed April 20,1987.

RICHARD J. HABIGER, for Claimant.

NEIL F. HARTIGAN, Attorney General (SUZANNE SCHMITZ, Assistant Attorney General, of counsel), for Respondent. 203

PRISONERSAN D INMATEs-money stolen from Claimant by inmate- award granted. Where an inmate of a correctional center stole money from the Claimant and the money was recovered and held by the correctional center, the Claimant was granted an award in the amount of the money stolen, since the record established that the State admitted holding the money which belonged to Claimant, and there were no genuine issues of fact which would require an evidentiary hearing or preclude the entry of judgment as a matter of law in favor of Claimant.

RAUCCI, J. This matter came to be heard on Claimant’s verified petition, Respondent’s answer, and Claimant’s motion for judgment on the pleadings. The Court having read the pleadings and Respon- dent’s admissions, and being fully advised in the premises, finds the following facts: 1. Claimant, William Woodward, is an employee of the U.S. Forestry Service and is the victim of a crime that occurred more than two years ago. 2. Three twenty ($20.00) dollar bills [i.e., $60.001 were stolen from Mr. Woodward by Richard Carter, a prisoner at the Southern Illinois Community Correc- tional Center, more commonly called the “House of Glass,” a correctional facility operated by the Respon- dent. 3. Law enforcement authorities, the sheriff of Jackson County and local correctional officials, immediately investigated and found the money stolen from Mr. Woodward in the possession of Mr. Carter. 4. Thereafter, no criminal prosecution was initiated for the theft of Mr. Woodward’s money, but Mr. Carter was returned to maximum security at Menard Correc- tion Center for violation of the disciplinary rules of the Department of Corrections. 204

5. The three $20.00 bills [ie.,$60.001 stolen from Mr. Woodward and found in the possession of Mr. Carter were confiscated by correctional officials and deposited in a “locally held fund” in the possession and control of local correctional officials at the “House of Glass.” [The fund is commonly referred to as a “resident benefit fund.”1 6. Thereafter, Mr. Woodward persistently endeav- ored to have his money returned to him but all efforts were rebuffed by departmental officials. 7. Upon written and telephonic inquiry by his counsel, Claimant was informed that the department would not return his $60.00 to him without an adjudication by the Court. The answer filed on behalf of the Respondent, the Department of Corrections, admits Respondent’s liability to Claimant in the amount of $60.00, as prayed for by Claimant. Based on the facts found and Respondent’s admission of liability, the Court concludes that no genuine issue of material fact exists which would require an evidentiary hearing and that judgment in the amount of $60.00 should be entered as a matter of law in favor of Claimant . It is therefore ordered that Claimant, William Woodward, be and hereby is awarded the sum of sixty ($60.00) dollars. 205

(No. 87-CC-3576-Claimant awarded $25,000.00.)

CITIZENS FOR A BEITER ENVIRONMENT, Claimant, v. THE STATE OF ILLINOIS, Respondent. Opinion filed June 22,1987.

ROBERT J. JONES, JR., for Claimant.

NEIL F. HARTIGAN, Attorney General (ROBERT J. SKLAMBERG, Assistant Attorney General, of counsel), for Respondent. STIPULATIONS-COUT~order for payment of attorney fees in action against Pollution Control Board-stipulation award granted. Where the Claimant brought an action against the Illinois Pollution Control Board and obtained an award of attorney fees against the Board, the Court of Claims, based on the stipulation of the parties, granted an award in satisfaction of the court order for the payment of the attorney fees.

MONTANA, C.J. This cause coming before the Court on the parties’ joint stipulation and the Court being fully advised in the premises, the Court finds as follows: On October 23, 1986, Respondent, Illinois Pollution Control Board, adopted emergency rules to guide the implementation of section 39(h) of the Environmental Protection Act (“Act”) (Ill. Rev. Stat., ch. lllf4, par. 1039(h)), governing the land disposal of hazardous wastes, which was to take effect on January 1, 1987. On October 31, 1986, Citizens For A Better Environment (CBE) filed a petition for review in the Illinois appellate court, first judicial district, alleging that the Board exceeded its statutory authority in adopting those emergency rules and seeking an order vacating the rules. On January 26, 1987, following expedited briefing and oral argument, the appellate court issued a memorandum opinion and order holding that the Board !II 206 had exceeded its authority and vacating the emergency rules. (Citizens for a Better Environment v. Pollution Control Board (1987), -111. App. 3d-, 504 N.E.2d 166.) On April 9, 1987, the appellate court issued an order under section 14.1 of the Illinois Administrative Procedure Act (Ill. Rev. Stat., ch. 127, par. 1014.l(b)) I directing the Board “to pay to Citizens For a Better Environment its reasonable attorneys fees and costs incurred in this case in the amount of $W,OOO,” thereby approving a settlement agreement entered into by CBE and the Board. The Board has made no payment to CBE and asserts it is unable to do so from its current budget. CBE filed this claim to obtain payment in accordance with the appellate court’s order. The parties to this action have stipulated that CBE is entitled to such payment and the entry of a $25,000 award by this Court. Like the Illinois Pollution Control Board, this Court has no ability to pay this obligation. Basically, it would have this Court seek the appropriation to pay the judgment rather than doing so itself. Because we agree that the money is owed, we will enter the award. It is therefore ordered that Claimant, Citizens for a Better Environment, be and hereby is awarded $25,000 in satisfaction of the April 9,1987, order of the appellate court, first judicial district. LAW ENFORCEMENT OFFICERS, CIVIL DEFENSE WORKERS, CIVIL AIR PATROL MEMBERS, PARAMEDICS, AND FIREMEN COMPENSATION ACT OPINIONS NOT PUBLISHED IN FULL FY 1987

Where a claim for compensation filed pursuant to the Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics and Firemen Compensation Act (Ill. Rev. Stat., ch. 48, par. 281 et seq.), within one year of the date of death of a person covered by said Act, is made and it is determined by investigation of the Attorney General of Illinois as affirmed by the Court of Claims, or by the Court of Claims following a hearing, that a person covered by the Act was killed in the line of duty, compensation in the amount of $20,000.00 or $50,000.00 if such death occurred on or after July 1, 1983, shall be paid to the designated beneficiary of said person or, if none was designated or surviving, then to such relative(s) as set forth in the Act.

86-CC-2741 Ridges, Sharon Marie $50,000.00 86-CC-3080 Clark, Erika 50,000.00 87-CC-0245 Jezuit, Helen 50,000.00

87-CC-0316 Osborn, Yvonna L. ' 50,000.00 87-CC-0441 Washington, Lucy Y. 50,000.00 87-CC-0458 Liesz, Elizabeth M. 50,000.00 87-CC-0511 Davenport, Evelyn R. 50,000.00 87-CC-0701 Brunkella, Carol 50,000.00 87-CC-2558 Harris, Christina 50,000.00

207 CASES IN WHICH ORDERS OF AWARDS WERE ENTERED WITHOUT OPINIONS FY 1987

5895 Corbett, J. M., Co. $ 31,005.85 77-CC-0967 Brighton Building Maintenance Co., Krug Excavating Co. & Western Asphalt Paving co. 100,o0O.00 78-CC-1049 Zackai, Nahum 30,000.00 79-CC-0707 Harbin, Alice 35,000.00 80-CC-2179 Pickrell, Mildred H. & Sally, Patricia A. 3,937.50 81-CC-2464 Carse, Victoria J. 100,000.00 82-CC-0080 All American Decorating Services, Inc. 6,500.00 82-CC-1676 Best, Bernard T. 1,000.00 83-CC-0730 Cox, Marlene, d/b/a AAA Construction 69,228.58 83-CC-0785 Best, Bernard T. 1,500.00 83-CC-2199 First National Bank of Blue Island, as Trustee of Trust Agreement dated 10-27-39, and known as Trust No. 536 5,000.00 83-CC-2768 Prazak, Dolores; Adm’rx of the Estate of John McNeil, Dec’d 600.00 84-CC-0612 Lowder, Robert J. & Butler, Beth R. 28,500.00 84-CC-1331 Hodyl, Edward 20,000.00 &I-CC-1727 Davis, Othie L. 15,000.00 84-CC-2915 Jennette, George 9,300.00 84-cc-3045 Bloom, Joseph C. 1,200.00 85-cc-0224 Walker, Shelton 500.00 85-CC-0321 Dethrow, Robert T., & Country Mutual Insurance Co. 445.13 85- CC-0327 Cooper, Edward 250.00 85-CC-0478 Gault, Sandra L. 1,100.00 85-CC-0515 Abella, Martin, Jr. 2,500.00 85-CC-0763 Novak, Edward, & Seville Drugs 9,600.00 85-CC-0977 Meador, Gary L. 600.00 85-CC- 1284 Halleman, Roland 500.00 85-CC-1341 Britton, Kelly Ann; a minor 1,500.00 85-CC-2438 Temmen, Pamela 5,228.70 86-CC-0157 Currie, Jeff 100.00 86-CC-0235 Chew, Anthony 3,000.00 86-CC-0251 Young, Michael J. 500.00 208 209

86-CC-0344 Murphy, Charles G. 23,067.50 86-CC-0459 Lewis, Tommy, Jr. 900.00 86-CC-0463 American Family Insurance 985.22 86-C C -0747 Rowland, Steve S. 1,281.80 86-CC-0780 Melton, Pat 524.00 86-CC-1741 Berg, Roger 328.68 86-CC-1746 Berge, William C. 81.00 86-CC-2045 Richardson, Flora D. 30,000.00 86-CC-2745 Malone, Cathy Ann 104.00 86-CC-2806 Meyers, Edward J., Co. 4,484.83 86-CC-2908 Curlovic, William 722.98 86-CC-2981 Brown, Douglas W. 200.00 86-CC-3057 Harris, Rodney L. & Firth, Renata G.; Ex’r.of the Estate of Delmar B. Harris 30,000.00 86-CC-3105 Keith, Pamela S. 8,500.00 87-CC-0037 Cole Chevrolet, Inc. 2,500.00 87-CC-0052 Hoyle, Harold 340.39 87- CC-0 129 Kerwin, Daniel J. 988.61 87-CC-0230 Piat, Janet Krupp 614.81 87-CC-0363 Brown, John Wesley 250.00 87-CC-0913 Rincker, Ruth 349.92 87-CC-0995 Brown, Robert D., Sr. 278.87 87-CC-1164 Leathers, Laverne 49.99 87-CC-1165 Vaughan, Wanda J. 49.99 87-CC-1191 Schneider, Robert C. & Scott, Gregory 6,450.00 87-CC-1419 Mastroianni, Retta & Long, Roxanne; Co- Adm. of the Estate of Betty Mastroianni, deceased. 9,500.00 87-CC-1421 Illini Welding Supplies, Inc. 317.00 87-CC-1437 Durbin, Kenneth 227.71 87-CC-1474 Kellner, M. J., Co. 1,162.20 87-CC-2809 Randolph County 4,015.00 87-CC-3316 Lowe, Billy E. 125.00 87-CC-3468 Sexton. Darrel 16,035.00 CASES IN WHICH ORDERS OF DISMISSAL WERE ENTERED WITHOUT OPINIONS FY 1987

77-CC-1574 Lincoln Manor, North 77-cc-2539 Lujano, Arturo; Josefina Lujano, Cesar Lujano, Minors by their Father & Next Friend 78-CC-0940 Edwards, Lillian 78-CC-0941 Houghland, Lena 78-CC-0943 Wimpy, Fern 78-CC-0944 Koontz, Gary 78-CC-0945 Hails, Mable 78-CC-1608 Satoloe, Joan W. 78-CC- 1757 United National Bank of Sioux Falls, South Dakota 79-CC-0302 Schneider, Jalene 79-CC-0303 Schneider, Jalene 79-CC-0813 Austin, Reginald 80-CC-0230 Seppi, Joseph F. d/b/a The Lincoln Home 80-CC-1196 Lawless, Lawrence 80-CC-1851 Arkin, Jerome; Administrator of the Estate of Deborah Arkin, Deceased 81-CC-0063 Teverbaugh, George E., Sr. 81-CC-0073 Leven, Henry 81 -CC-0076 Grimsley, Warren 81-CC-0161 Dennis, Dinah D. 81-CC-0168 Stephens, Paul L. 81-CC-0199 Crawford, Mildred 81-CC-0208 Beckman, Donald 81-CC-0209 Bales, Pamela; Administratrix of the Estate of Lawrence F. Minikin, Deceased 81-CC-0212 Nelson, Edwin W. 81-CC-0218 Noeth, Louise Ann 81-CC-0220 Ranney, Byron J. 81-CC-0252 Kelly, James L. 81-CC-0321 Triggs, Patricia Kelly 81-CC-0351 Cummings, Mark R. 81-CC-0466 Smith, Morris, Jr. 81-CC-0474 McCall, David 81-CC-0476 Wilson, William 210 I

21 1

81-CC-0523 Conlin, Delorris 81-CC-0580 Seppi, Joseph F. d/b/a The Lincoln Home 81-CC-0783 Isberner, Lori Anne 81-CC-1040 Cooney, Dorothy F., M.D. I 81-CC-1231 Wilson, Charles W. 81-CC-1852 Stock, Carl I 81-CC-2077 Over, Henry A., Jr. I 81-CC-2152 West Harvey-Dixmoor Schools 81-CC-2308 Lyons, Phillip 81-CC-2355 Parks, Catherine 81-CC-2626 Christian, Edward I 81-CC-2630 Flagg, Carl ' 81-CC-2631 Avendorph, Fred 81-CC-2632 Cardamone, Michael 81-CC-2801 Quinn, Frederick, Construction CO. I I 81-CC-2849 Cobb, Joseph D. 81-CC-2874 Stuckey, James A. 81-CC-2879 Walls, Raymond E. I 81-CC-2884 Judd, Clifton D., Jr. 81-CC-2885 Ferris, Stanley 82-CC-0606 Pilgrim Child Development Day Care Institute 82-CC-1261 McGee, Denise I 1 82-CC- 1262 Smith, Rupert 82-CC-1264 Tripp, Paula J. 1 82-CC-1510 Countryman, Margaret L.; as Executor of the Estate of I Richard Countryman, Deceased 82-CC-1531 Sibley, Debra 82-CC-1532 McMaster, Sylvia 82-CC-1591 Voght, Frank M. I 82-CC-1592 Jaskowiak, Minaflor Y. 82-CC-1593 Chalem, Shirley F. ~ 82-CC-1594 Franklin, Mary E. I 82-CC-1595 Doligala, Dennis T. I 82-CC-1611 Mendelsohn, Melvin E. I I 82-CC-1788 Anchor Office Supply Co. 82-CC-1794 Clinch, Mary E. I 82-CC-1911 Marsden, Rita C. 1 82-CC-1916 Glusak, Mary L. 1 82-CC-1917 Gayden, Albert 82-CC-1923 Conrin, James 1 82-CC-1928 Thorpe, Mable L. iI I I 212

82-CC-1969 Sullivan, Edward J. 82- C C-1979 Frank, Sheila Frances 82-CC-1981 Tedeski, John R. 82-CC- 1984 Vogt, Jo-Anne 82-CC-1988 State Farm as Subrogee of Wanda Albright 82-CC-2029 Uchida, Tadashi 82-CC-2046 Snyder, Lori M. 82-CC-2091 Benson, Moses 82-CC-2179 Synwolt, Henry F. 82-CC-2184 Kearney, Mildred R. 82-CC-2238 Johnson, Susie 82-CC-2239 Dugar, Barbara J. 82-CC-2423 Welch, James; A Minor, by the First Nat’l Bank of Elgin & Maywood, etc. 82-CC-2513 Debes, Charles N. d/b/a Alma Nelson Manor & Rockford Convalescent Center 82-CC-2518 Rushing, Judy, et al. 82-CC-2553 Uphaus, Bruce R. 82-CC-2560 McConnell, Wanda J. 83-CC-0010 Snyder, Gene T. 83-CC-0084 Frank, Gary 83-CC-0194 Correa, Shirley; as Natural Mother & Guardian of Baby Boy Correa, Deceased 83-CC-0195 Correa, Shirley 83-CC-0337 Lenger, Diane M. 83-CC-0433 Paschen Contractors, Inc. I 83-CC-0489 Jodlowski, Alice 83-CC-0517 Henderson, Idella 83-CC-0520 Hoffman, Patricia L. 83-CC-0642 Cummings, Macie L. 83-CC-0815 Knoles, Thelma J. 83-CC-0909 Becker, Ronald L. 83-CC-0996 Pure Hotels, Inc. 83-CC-1047 Hurrelbrink, Joann 83-CC-1053 Patel, Harry a/k/a Haribahai Patel 83-CC-1085 Watkins, Darryle 83-CC-1147 Capelle, Kathy 83-CC-1167 Shorter, Romade 83-CC-1168 Herron, Maurice 83-CC- 1169 Haine, William R. 83-CC-1170 Haine, William R. 213

83-CC-1235 Silkey, Nancy L. 83-CC- 1270 Guy, Casandra Leanne; a Minor by Margie Guy, her Mother & Natural Guardian 83-C C - 1467 Manock, James W. 83-CC-1485 Faith, Vicki L.; Administratrix of the Estate of Joseph E. Faith, Deceased 83-CC-1509 American Druggists’ Insurance Co., The 83-CC- 1800 Mitchell, Mary; Special Administratrix of the Estate of Marta Mitchell, Deceased 83-CC-1839 Evans, Yvonne 83-CC-1946 Firemen’s Insurance Co. of Newark, New Jersey, as Subrogee of Michael A. Landis 83-CC-2014 Patton, Greg E. 83-CC-2042 Bosie, Kenneth W. 83-CC-2223 National Service Lines, Inc. of New Jersey 83-CC-2248 Oceguera, Leone1 S. & Fina 83-CC12304 McCoy, Karen M. 83-CC-2360 Rosato, Jean 83-CC-2361 Ferguson, Deborah 83-CC-2362 Engelking, Julie 83-CC-2364 Chiodo, Catherine 83-CC-2365 Bartelt, Dorothy 83-CC-2366 Abbinante, Caroline J. 83-CC-2367 Forsberg, Tracy 83-CC-2368 Skach, Laura M. 83-CC-2369 LaMantia, Barbara 83-CC-2370 Schiestel, Janet 83-CC-2601 Amedeo, Evelyn L. 83-CC-2623 Illinois Masonic Medical Center 83- C C -26% Illinois Masonic Medical Center 83-CC-2625 Illinois Masonic Medical Center 83-CC-2626 Illinois Masonic Medical Center 83-CC-2627 Illinois Masonic Medical Center 83-CC-2628 Illinois Masonic Medical Center 83-CC-2629 Illinois Masonic Medical Center 83-CC-2630 Illinois Masonic Medical Center 83-CC-2631 Illinois Masonic Medical Center 83-CC-2632 Illinois Masonic Medical Center 83-CC-2634 Hardin, Glen 84-CC-0001 Renken, James R. 84-CC-0115 Taylor, Raymond 214

84-CC-0163 Buchanan, Michael 84-cc-0234 Illinois Masonic Medical Center 84-cc-0235 Illinois Masonic Medical Center 84-CC-0236 Illinois Masonic Medical Center 84-CC-0237 Illinois Masonic Medical Center 84-cc-0238 Illinois Masonic Medical Center 84-CC-0245 Wang Laboratories, Inc. 84-cc-0252 Wang Laboratories, Inc. 84-CC-0253 Wang Laboratories, Inc. 84-cc-0340 Selph, Amy Lynn; a Minor by Donald R. Selph, Father & Next Friend 84-CC-0363 Jaworsky, Michael 84-CC-0380 Cannata, Susan; Executor of the Estate of Bennie Cannata, Deceased 84-CC-0432 Stover, Robert 84-CC-0454 Clark, Jake, Jacqueline & Leslie 84-CC-0460 State Farm Insurance Co., as Subrogee of Joseph Hock 84-CC-0461 Vansant, Patricia A. 84-CC-0464 Williams, Ronald 84-CC-0537 Gilroy, John W. & Andrea 84-CC-0546 Wolter , Jean 84-CC-0614 Boyd, Elaine, Creche 84-0615 Boyd, Elaine, Creche 84-CC-0753 Lolley, Larry 84-CC-0808 Myers, Thomas, M.D. 84-CC-1051 Victory Memorial Hospital 84-CC-1131 Hubbard, Delores 84-cc-1144 Williams, Roger E. 84-CC-1146 Velez, Gladys 84-CC-1149 Ulm, Jacqueline J. 84-CC-1159 Bernard, John W. 84-CC-1175 Crosby, Elsie 84-cc-1184 Massie, Fred; Guardian of Mane Halstead 84-cc-1201 Mercy Center 84-cc-1282 Hall, Kevin 84-CC-1346 Martin, Herbert 84-cc-1369 State Employees’ Retirement System 84-CC-1373 State Employees’ Retirement System 84-CC-1386 Fontana, Joseph 84-CC-1394 Griggs, David 84-CC-1474 Ramudamu, Chandra 215

84-CC-1486 Chipman, Denise 84-CC-1487 Hott, Eileen 84-CC-1550 Bobek, Mary Ann 84-CC-1717 Moore, Nancy Jane 84-CC-1859 Illinois Masonic Medical Center 84-CC-1860 Illinois Masonic Medical Center 84-CC-1861 Illinois Masonic Medical Center 84-CC-1862 Illinois Masonic Medical Center 84-CC-1863 Illinois Masonic Medical Center 84-cc-1864 Illinois Masonic Medical Center 84-CC-1865 Illinois Masonic Medical Center 84-CC-1866 Illinois Masonic Medical Center 84-CC-1867 Illinois Masonic Medical Center 84-CC-1868 Illinois Masonic Medical Center 84-CC-1869 Illinois Masonic Medical Center 84-CC-1870 Illinois Masonic Medical Center 84-CC-1871 Illinois Masonic Medical Center 84-CC-1872 Illinois Masonic Medical Center 84-CC-1873 Illinois Masonic Medical Center 84-CC-1874 Illinois Masonic Medical Center 84-CC-1875 Illinois Masonic Medical Center 84-CC-1876 Illinois Masonic Medical Center 84-CC-1877 Illinois Masonic Medical Center 84-CC-1878 Illinois Masonic Medical Center 84-CC-1879 Illinois Masonic Medical Center 84-cc-1880 Illinois Masonic Medical Center 84-CC-1881 Illinois Masonic Medical Center 84-CC-1882 Illinois Masonic Medical Center 84-cc-1944 Dye, Beverly A. 84-CC-1946 Walker, Carol R. 84-cc-1988 Ashton, Julie 84-cc-1989 Arthur, Velma 84-CC-2029 Hilton, Robert 84-CC-2080 Lawry, Roy C. 84-CC-2091 Krysztopa, Slawomir 84-CC-2138 Seigert, Donald R. 84-CC-2196 Nelson, Dada S. 84-CC-2218 Young, Anna P. 84-cc-2222 Andrews, Jesse, et al. 84-cc-2228 Mercy Center for Health Care Services 84-cc-2230 Peterson, Kay 216

84-cc-2233 Fischer, Lynn 84-CC-2234 Miller, Beverly 84-CC-2469 Kempa, Walter F.; Adm. of the Estate of Grace P. Kempa a/k/a Patricia Kemp, Deceased 84-CC-2483 Laurel Bone & Joint Clinic 84-CC-2504 Livingston, Brad & Livingston, Deborah 84-CC-2630 Pabon, Maria E. 84-CC-2670 Silva, Alberto, M.D. 84-CC-2716 Lynch, Guy 84-CC-2787 Boyd, Calvin 84-CC-2799 Kirkilas, Maria L. 84-CC-2851 Benoit, Donna S. 84-CC-2933 Collins, Cynthia K. 84-CC-2934 Nelson, Debra 84-CC-2935 Burkhardt, Fern 84-CC-2936 Denaple, Mary L. 84-CC-2937 Kinkade, Eileen 84-CC-2938 Campbell, Beverly 84-CC-2940 Muzzarelli, Dorothy 84-CC-2944 Williamson, Mary 84-CC-2945 Anderson, Lynn 84-CC-2947 Denker, Donna J. 84-CC-2948 Cramer, Kathleen A. 84-CC-2949 McCormick, Helen L. 84-CC-2951 Collins, Cynthia 84-CC-2952 Walter, Gail 84-CC-2953 Starks, Barbara 84-CC-2954 Bellinger, Poppy 84-CC-2955 Rinehart, Jane 84-CC-2956 Domagala, Dorothy 84-CC-2957 Lavicka, Judith 84-CC-2958 Duffee, Donna 84-CC-2959 Kinkade, Eileen 84-CC-2960 Burkhardt, Fern 84-CC-2961 Petry, Avon A. 84-CC-2962 Dolan, Lavelle M. 84-CC-2963 McCormick, Helen 84-CC-2964 Campbell, Bev 84-CC-2965 Zappa, Mary 84-CC-2966 Rinehart, Jane 84-CC-2967 Krug, Margaret 1

217

84-CC-2968 Coughlin, Pamela J. 84-CC-2969 Nelson, Debra L. 84-CC-2970 Watters, Velda 84-CC-2971 Ayers, Sandra 84-CC-2972 Gannaway, Martha 84-CC-2974 Landers, Patricia 84-CC-2975 Walter, Gail 84-CC-2979 Hilti, Annabelle ! 84-CC-2996 Zawislak, Robyn M.; by Mildred L. Zawislak & James J. I Zawislak; etc. 84-CC-3061 Mehrotra, Debbra L. I 84-CC-3174 Zayas, Esperanza , 84-CC-3185 Children’s Memorial Hospital 1 84-CC-3209 Riley, Gloria I 84-CC-3216 Hawkins, Amelia E. 1 84-CC-3349 Harrington, Debra ! 84-CC-3459 Holz, Kenneth A., D.D.S. I 84-CC-3460 Holz, Kenneth A., D.D.S. I I 84-CC-3461 Holz, Kenneth A., D.D.S. 84-CC-3462 Holz, Kenneth A., D.D.S. I 84-CC-3463 Holz, Kenneth A,, D.D.S. I 84-CC-3464 Holz, Kenneth A., D.D.S. 84-CC-3465 Holz, Kenneth A., D.D.S. 84-CC-3466 Holz, Kenneth A., D.D.S. 84-CC-3467 Holz, Kenneth A., D.D.S. 84-CC-3468 Holz, Kenneth A., D.D.S. 84-CC-3593 St. Mary of Nazareth Hospital 84-CC-3596 Edwards, James I 84-CC-3597 Gaines, Steve I 84-CC-3598 Mitchell, Curtis 84-CC-3599 Jamison, Daniel 84-CC-3600 Williams, Gerald I 84-CC-3601 Spicer, Edward I I 84-CC-3621 Illinois Health Care Assoc. & Snyder’s Vaughan Haven 84-CC-3622 Carbonaro Construction Co. I 85-CC-0031 Groves, S. J., & Sons, Co. I 85-CC-0077 Commonwealth Edison Co. 85-CC-0078 Bunton, Clarice M.

85-CC-0112 Watters, Velda ~ 85-CC-0113 Dolan, LaVelle

85-CC-0114 Muzzarelli, Dorothy I

~ 218

85-CC-0115 Coughlin, Pamela 85-CC-0116 Anderson, Lynn 85-CC-0117 Bayston, Esther 85-CC-0118 Gannaway, Martha 85-cc-0119 Krischel, Delores 85-CC-0120 Williamson, Mary 85-CC-0122 Petry, AVQ~ 85-CC-0123 Franatz, Evonne 85-CC-0125 Melrose, Armade 85-CC-0126 Atchison, Pamela 85-cc-0134 Mercy Hospital 85-CC-0191 Runnfeldt, John T. 85-CC-0400 Rice, Presley D.; Ind. & as Adm. of the Estate of Beverly J. Rice, Deceased 85-CC-0411 Bell, Regina; Mother & Next Friend of Minor Alfred Huff 85-CC-0419 Mercy Center for Health Care Services 85-CC-0456 Mercy Hospital 85-cc-0474 Zortman, John 85-CC-0548 Mercy Hospital 85-CC-0562 Robinson, Alphonso 85-CC-0602 White, Agnes G. 85-CC-0612 Roberts, Dorothy J. 85-CC-0613 Williams, Clyde G. and Weathers, Leon W. 85-CC-0621 Taylor, Bernard 85-CC-0663 Napier, Carol L. 85-cc-0684 Sundeen, Timothy A. 85-CC-0698 Chicago, University of, Medical Center 85-CC-0727 Schust, Cynthia Ann 85-CC-0728 Hawk, Elizabeth W. 85-CC-0771 White, Nettie 85-CC-0792 Buehler, Rance V. & Jennifer S. 85-CC-0795 Figueroa, Yvonne N. 85-CC-0797 Cooks, Ernestine 85-CC-0864 Requarth, Margaret Jane 85-CC-0866 Weaver, Kimberly N.; by & through her Guardian Ad Litem, Lome Weaver 85-CC-0871 Polinski, Elizabeth 85-CC-0875 Roseland Community Hospital 85-CC-1048 Rieckenberg, Anita J. 85-cc-1060 Baugh, Diane 219

85-CC-1071 Maddox, Hubert E. 85-CC-1078 Kilburn, Lila G. 85-CC-1095 Crisp, William M. 85-CC-1113 Hays, Junior E. 85-cc-1119 Wilson, Ila Mae 85-CC-1139 Dixon, Sarah 85-CC-1196 Akins, Beverly J. 85-cc-1210 Anderson, Fannie M. 85-CC-1236 Johnson, Milton R. 85-CC-1257 Holy Cross Hospital 85-CC-1297 Harrell, James E. 85-CC-1362 Childress, Tony 85-CC-1386 Lopez, Luz 85-CC-1424 Murdent, Norman W. 85-CC-1433 Cook, County of 85-CC-1475 Turner, Mary 85-CC-1476 Jaggers, Ruth 85-CC-1477 McMillan, Michalene 85-CC-1516 Figolah, Raymond W. 85-CC-1531 Behrens, Sheila 85-CC-1537 Constance, Barbara Lou 85-CC-1630 Howe, Leaffie P., Estate of Myra Doris Howe 85-CC-1674 Xerox Corp. 85-CC-1690 Merrell, Garland 85-CC-1698 Washington, Wayman 85-CC-1699 Abbott, Donald J.; Administrator of the Estate of Susan M. Abbott, Deceased 85-CC-1731 Airco Welding Supply 85-CC-1760 Ring, Patsy 85-CC-1761 Ferree, Dorothy M. 85-CC-1762 Young, Roberta Sue 85-CC-1764 Ramsey, Norma J. 85-CC-1765 Stone, Joy C. 85-CC-1767 Braley, Thelma Eileen 85-CC-1768 Cambron, Ruth 85-CC-1769 New, Toby L. 85-CC-1787 Temple School of Medicine Pediatric Practice Plan 85-CC-1791 Wallace, Brenda 85-CC-1813 Schleich, Marsha 85-CC-1816 Children's Memorial Hospital 85-CC-1817 Blake, Kent T. 220

85-CC-1835 Gibbs, Charlene 85-CC-1882 Curtis, Taylora 85-CC-1909 Mercy Hospital 85-CC-1912 Williams, Willie 85-CC-1921 Wang Laboratories, Inc. 85-CC-2026 LaTourelle, Nancy F. 85-CC-2027 Hopkins, Kelly D. 85-CC-2028 Kane, Dianne K. 85-CC-2084 Meyer, Mark 85-CC-2103 Leake, Paul D. 85-CC-2104 Haley, Pauline J. 85-CC-2105 Rawlings, Linda Vose 85-CC-2106 McCoy, James R. 85-CC-2107 Lewis, Virginia 85-CC-2112 Hall, Mark E. 85-CC-2118 Drennan, Patricia 85-CC-2135 Bierman, John 85-CC-2136 Brunkhorst, Mary 85-CC-2160 Stefanovich, Anna 85-CC-2230 Davis, Bruce J. 85-CC-2247 Crevoisier, Aaron R. 85-CC-2263 Starling, Kathy 85-CC-2289 Robinson, Anthony E. 85-CC-2303 State Employees’ Retirement System 85-CC-2328 Dorsey, Arthur 85-CC-2358 White, Valerie Jean 85-CC-2372 Jones, Walter Amir, Jr. 85-CC-2385 Byrne, Robert 85-CC-2386 Sanders, Teresa 85-CC-2387 Hoff, Sherri 85-CC-2388 Hickman, Julia 85-CC-2399 Pegues, Walter 85-CC-2443 Carpentier, Jeffery 85-CC-2446 Anderson, Kevin M. 85-CC-2472 Bundren, James E. 85-cc-2473 Guyton, Penny A. 85-CC-2545 Hines, Janet L. 85-CC-2558 Hall, Christopher, et al. 85-CC-2580 O’Connell-Kumar, Carolyn 85-CC-2679 R. B. Rebuilders, Inc. 85-CC-2686 Friedman, Richard 221

85-CC-2689 Illinois Teachers’ Retirement System 85-CC-2725 Rush-Presbyterian St. Luke’s Medical Center 85-CC-2738 Treister Orthopaedic Services 85-CC-2765 Illinois, University of 85-CC-2789 Sommerville, Willie J. 85-CC-2869 Grammer, Janelle M. 85-CC-2895 Walker, Vicki J. 85-CC-2907 Truscello, Michael 85-CC-2920 Barker, Linda 85-CC-2933 Jensen, Tamela 85-CC-2938 Terrell, Audrey 85-CC-2950 McRill, Susan I. 85-CC-2966 Elliott, Sandra 85-CC-2967 Lowey, Irene 85-CC-2978 Hale, Gwenn 85-CC-2998 Wiley, Rosie B. 85-CC-3022 Roberson, Bobby J. & Kristy; et al. 85-CC-3045 Stephenson, Karen 85-CC-3097 Xerox Corp. 85-CC-3098 Xerox Corp. 85- C C-3099 Xerox Corp. 85-CC-3100 Xerox Corp. 85-CC-3104 Xerox Corp. 85-CC-3105 Xerox Corp. 85-CC-3109 Xerox Corp. 86-CC-0030 Osborne, Josephine 86-CC-0055 Riverway Co. 86-CC-0068 Hart, Carolyn M. 86-CC-0069 Carter, John 86-CC-0103 Coates, Charles, Jr. 86-CC-0107 Shraga, Hannah 86-CC-0114 Zurich-American Insurance, Subrogee of Judy Porretta 86-CC-0155 Franciscan Sisters Health Care Corp. 86-CC-0224 McMahill, Veronica E. 86-CC-0287 Pimental, Patricia 86-CC-0295 Krealoff, Ada 86-CC-0304 Reese, Michael, Physicians & Surgeons 86-CC-0341 Illinois National Bank 86-CC-0345 Lemons, Gary D. 86-CC-0346 McGee, Norma 86-CC-0347 Burke, Helen L. 222

86-CC-0348 Johnson, Kathleen 86-CC-0349 Rimini, Alan 86-CC-0350 Yuskanich, Cynthia J. 86-CC-0351 Allison, Tina M. 86-CC-0354 Coady, Ruby 86-CC-0355 Stewart, Mary E. 86-CC-0361 Scott, Catherine 86-CC-0367 Jacobs, Linda C. 86-CC-0382 Lucas, Ricki L. 86-CC-0383 Krell, Janice R. 86-CC-0384 Crompton, Annamae B. 86-CC-0407 Souhlas, Dean & Paula K. Souhlas f/u/o Allstate Insurance 86-CC-0425 Kye, David 86-CC-0426 Smith, Connie L. 86-CC-0439 Sgro, Patricia J. 86-CC-0443 Fontalvo, Alvaro; et al. 86-CC-0450 Wolford, Mary 86-CC-0500 Lounsbury, Betty 86-CC-0501 Furlong, Barbara J. 86-CC-0502 Peters, Lori 86-CC-0503 Pratt, Penny R. 86-CC-0507 Howland, Elaine 86-CC-0509 Metheney, Glenda 86-CC-0516 Haas, Jay D. 86-CC-0522 Johnson, Lila R. 86-CC-0535 Carlson, Janet R. 86-CC-0536 Sandner, Jill R. 86-CC-0583 Touche Ross & Co. 86-CC-0593 Ekco, Inc. 86-CC-0606 Loftin, Dennis 86-CC-0616 Shick, Terry W. 86-CC-0644 Brown, Jimi 86-CC-0665 Macon County Rehabilitation Facilities 86-CC-0683 Johnson, Mary K. 86-CC-0686 Trover, Jane Ann 86-CC-0687 Randolph & Assoc. 86-CC-0693 Winkler, Mary E. 86-CC-0712 Crumly, Terry L. 86-CC-0714 Callahan, Nancy J. 86-CC-0715 Jones, Susan E. 223

86-CC-0716 Wielgopolan, Julie A. 86-CC-0717 Killelea, Nancy C. ’ 86-CC-0724 Long, Theodore R.; Administrator of the Estate of William R. Long, Deceased 86-CC-0745 Stuttle, Carol L. 86-CC-0765 Claybourn, Jean Ann 86-CC-0796 Moraine Valley Community College 86-CC-0797 Moraine Valley Community College 86-CC-0810 Jackimiec, Rose 86-CC-0815 Wall, Barbara L. 86-CC-0833 Morrison, Oscar E. 86-CC-0859 BroMenn Healthcare d/b/a Brokaw Hospital 86-CC-0869 Englewood Hospital 86-CC-0874 McGee, Brendia 86-CC-0899 Petkov, Yana 86-cc-0915 O’Brien, Danny L. 86-CC-0918 Morres, Danny J. 86-CC-0942 Tharpe, Michael 86-CC-0978 Pitney Bowes 86-CC-1004 St. Anne’s Hospital 86-CC-1006 St. Anne’s Hospital 86-CC-1007 St. Anne’s Hospital 86-CC-1008 Bickham, Jessie 86-cc-1010 Reeder, Robert H., M.D. 86-CC-1013 Rainbolt, James W. 86-CC-1014 Wiggs, Gary D. 86-CC-1027 Gustafson, Anna 86-CC-1028 Cassidy, Virginia 86-CC-1043 Grudis, Bonnie 86-CC-1045 Visiting Nurse Assn. of Chicago I 86-CC-1049 Williams, Howard I I 86-CC-1054 Seelye, Bette; Adm. of the Estate of Stephen A. Seelye, Deceased I I 86-CC-1057 Mettille, Anthony K. I 86-CC-1071 Smith, Lester I 86-CC-1096 Stalions, Lois I. 86-CC-1120 Visiting Nurse Assn. of Chicago I 86-CC-1159 Williams, Beverly ! 86-CC-1186 Collins, Maureen J. I 86-CC-1194 Ryan, Connie E. 1 86-CC-1207 Xerox Corp. I I 86-CC-1217 Xerox Corp. 86-CC-1255 Farmer’s and Merchant’s State Bank 86-CC-1261 Heinz Construction, Inc. 86-CC-1266 Clark, Robert 86-CC-1279 Chicago, University of, Hospital 86-CC-1290 Loyola University Medical Center 86-CC-1311 McNeal, Phillip 86-CC-1312 Popstein, Robert 86-CC-1318 Hannah, Mary 86-CC-1328 Adams, Nelson 86-CC - 1339 Fitts, Betty J. 86-CC-1343 Ward, Paul 86-CC- 1367 AT&T Information Systems 86-CC- 1379 AT&T Information Systems 86-CC- 1380 AT&T Information Systems 86-CC-1389 AT&T Information Systems 86-CC-1415 Ebenreiter Woodworking Co. 86-CC-1416 Ebenreiter Woodworking Co. 86-CC- 1469 Knapp, Shirley J. 86-CC-1475 Gallup, Catherine Jean 86-CC-1481 Wojciechowski, Jerri L. 86-CC-1482 Hansen, Margaret 86-CC-1483 Fagan, Colin J. 86-CC-1484 Christie Clinic 86-CC-1485 Gray, Elizabeth M. 86-CC-1488 Crockett’s Coin-Op 86-CC-1492 Fleischer, Martha A. 86-CC-1493 Johnston, Luella M. 86-CC-1494 Ruble, Eva L. 86-CC-1495 Mulhall, Margaret E. 86-CC-1496 Summers, Sherry Y. 86-CC-1499 St. Mary’s Hospital Centre 86-CC-1514 Hansen, Mark E., M.D. 86-CC-1527 Edmond, Joseph Allen 86-CC-1530 Rich, Mary 86-CC-1535 Harre, Marjorie L. 86-CC-1538 Clark, Genevieve T. 86-CC-1539 Fogerty, Elizabeth 86-CC-1548 Jose Enterprises 86-CC-1564 Waldrop, Shirley J. 86-CC-1582 Hamilton, Viola June 225

86-CC-1631 Finnigan Corp. 86-CC-1651 Gordon, Ruby 86-CC-1652 Buehring, Donald 86-CC-1669 Dearth, Lucille E. 86-CC-1670 Phipps, Sally F. 86-CC-1671 Wink, Helen M. 86-CC-1672 Yunker, Orvilleen 86-CC- 1673 Walters, Joyce M.

86-CC-1674 Peterson, Josephine E. 1 86-CC-1675 Mitchell, Mariann 86-CC-1676 Rossi, Jacqueline M. 86-CC-1677 Vlasis, Linda F. 86-CC-1678 Carmean, Olga M. 86-CC-1679 Brunnworth, Marilyn B. 86-CC- 1680 Yann, Pauline L. 86-CC-1681 Wall, Alice A. 86-CC-1682 Cavaletto, Kathleen M. 86-CC-1683 Williams, Cheryl Anne 86-CC-1684 Meils, Jeri L. 86-CC-1685 Maloney, Deborah 86-CC-1686 Hill, Anita Kay 86-CC-1687 Szymanski, Carol E. 86-CC-1688 Milkert, Bernice B. 86-CC-1689 Olson, Mary E. 86-CC-1690 Johnson, Patricia L. 86-CC-1691 Martin, Maureen K. 86-CC-1692 Markos, Jo Ann R. 86-CC-1700 Bradley, Tina 86-CC-1704 Utz, Thomas W. * 86-CC-1705 Freese, Joann A. 86-CC-1706 Parr, Patricia 86-CC-1707 Calcara, Virginia 86-CC-1728 Capitol Ready-Mix 86-CC-1732 Baker, Jacqueline K. 86-CC-1738 West, Sabrina 86-CC-1747 Krohne, Carl W., Jr. 86-CC-1749 Hinrichs, Rosemary 86-CC-1750 Stevens, Joan M. 86-CC-1771 Lackey, Carol A. 86-CC-1772 Matlick, Debra K. 86-CC-1773 Parr, Susan J. 226

86-CC-1774 Althoff, Agnes Ann 86-CC-1801 Thiel, Sandra L.; Guardian Ad Litem for Estate of Virginia Jansen 86-CC-1806 Xerox Corp. 86-CC-1807 Xerox Corp. 86-CC-1842 Yates, Debra 86-CC-1849 Enlow, Penny 86-CC-1852 Powe, Samuel L. 86-CC-1856 General Electric Supply Co. 86-CC-1904 Conroy, John T. 86-CC-1906 Taphorn, Michelle 86-CC- 1926 Naylor, Amos 86-CC-1934 Edwards, Bonita 86-CC-1938 Davis, Elizabeth A. 86-CC-1941 Churchman, Carol M. 86-CC-1960 Easter, Robin M. 86-CC-1995 Faxon Co., Inc. 86-CC-2038 Bartos, Penny Sue 86-CC-2046 Douglas, Kenneth 86-CC-2056 McKean, Beatrice 86-CC-2078 Pilsen-Little Village Community Mental Health Center, Inc. 86-CC-2079 Pilsen-Little Village Community Mental Health Center, Inc. 86-CC-2080 Pilsen-Little Village Community Mental Health Center, Inc. 86-CC-2081 Pilsen-Little Village Community Mental Health Center, Inc. 86-CC-2082 Pilsen-Little Village Community Mental Health Center, Inc. 86-CC-2083 Pilsen-Little Village Community Mental Health Center, Inc. 86-CC-2084 Pilsen-Little Village Community Mental Health Center, Inc. 86-CC-2085 Pilsen-Little Village Community Mental Health Center, Inc. 86-CC-2086 RA0,K. P. N., M.D. 86-CC-2093 Bowerman, Jo Ann 86-CC-2097 Person, Patricia 86-CC-2127 Lovekamp, Susan 86-CC-2140 Fisher, Timothy L. 227

86-CC-2166 Cothren, Beverly L. 86-CC-2167 Yost, Rolland 86-CC-2188 Jackson, Morris Adonis Shem, Rev. 86-CC-2221 Riverside Medical Center 86-CC-2229 Champ, Farla J. 86-CC-2260 Griffith, John 86-CC-2261 Justice, Jeff 86-CC-2279 Brunworth, Don P. 86-CC-2281 Steiner Electric 86-CC-2306 Austin Radiology 86-CC-2308 St. Therese Medical Center 86-CC-2310 Hopkins, Frank A. 86-CC-2323 Altieri, Jack H. 86-CC-2325 Shepherd, hicholas 86-CC-2341 Loyola University Medical Center 86-CC-2349 Otten, Grant L. 86-CC-2353 Fisher, Roderick 86-CC-2368 Coleman, Charlene 86-CC-2374 Cintron, Milagros 86-CC-2423 Appleton, Michael 86-CC-2427 Mellon, Louise W. 86-CC-2460 ODell, Laurie 86-CC-2475 West, James 86-CC-2488 Desherlia, Claude M. 86-CC-2489 Grah, Donald 86-CC-2490 Ottwell, Noren L. 86-CC-2491 Wallace, Gene C. 86-CC-2492 Werderitch, Kenneth 86-CC-2500 Walsh, Ed 86-CC-2501 Ernest, William 86-CC-2504 McHenry Co. Mental Health Board 86-CC-2507 Martin, Milam 86-CC-2510 Loyola University Medical Center 86-CC-2535 Ingold, Brenda 86-CC-2574 Wang Labs 86-CC-2589 Waubonsee Community College 86-CC-2608 Richardson, Theodore 86-CC-2612 Associated Radiologists of Joliet 86-CC-2616 Harter, Donald H., Dr. 86-cc-2687 Illinois Masonic Medical Center 86-CC-2690 Illinois Masonic Medical Center 228

86-CC-2691 Illinois Masonic Medical Center 86-CC-2692 Illinois Masonic Medical Center 86- CC- 2693 Illinois Masonic Medical Center 86-CC-2694 Illinois Masonic Medical Center 86-CC-2695 Illinois Masonic Medical Center 86-CC-2696 Illinois Masonic Medical Center 86-CC-2698 Illinois Masonic Medical Center 86-CC-2718 Adkins, Mary E. 86-CC-2735 Daniel, John 86-CC-2740 Dudley, Walter 86-CC-2749 Holliday, John; Shymansky, Donald & Brougher, Nancy 86-CC-2784 Ravenswood Hospital ik Medical Center 86-CC-2792 Wicks, Ben; Bates, Lonnie; & McClain, Timothy 86-CC-2814 Fagan, Colin J. 86-CC-2824 Kankakee Industrial Supply 86-CC-2838 Springfield Hilton 86-CC-2840 Springfield Hilton 86-CC-2849 Taylor Ready-Mix 86-CC-2893 Central Illinois Medicare 86-CC-2898 Visionquest National 86-CC-2899 Visionquest National 86-CC-2900 Visionquest National 86-CC-2901 Visionquest National 86-CC-2906 Global Computer Supplies 86-CC-2910 Coupland, Robert 86-CC-2914 Graham, Ray, Assn. 86-CC-2920 Diviak, John & Kathleen 86-CC-2953 Chicago College of Osteopathic Medicine 86-CC-2958 Johnson, Clinton; Administrator of the Estate of Marlene Johnson, Deceased 86-CC-2959 Fowler, James 86-CC-2960 Bismarck Hotel 86-CC-2982 Orthopedic Surgery Group 86-CC-3000 3M 86-CC-3003 Chicago University Hospital 86-CC-3004 Milligan, Nova Pearl 86-CC-3007 Ramsey Lumber Co. 86-CC-3021 Lee, Brenda 86-CC-3076 Baber, Riaz A., M.D. 86-CC-3100 Bank, Helaine 86-CC-3113 Lewis University 229

86-CC-3116 Gonzalez, David 86-CC-3123 Contel of Illinois 86-CC-3124 Contel of Illinois 86-CC-3125 Contel of Illinois 86-CC-3126 Contel of Illinois 86-CC-3127 Contel of Illinois 86-CC-3128 Contel of Illinois 86-CC-3129 Contel of Illinois 86-CC-3130 Contel of Illinois 86-CC-3131 Contel of Illinois 86-CC-3132 Contel of Illinois 86-CC-3133 Contel of Illinois 86-CC-3134 Contel of Illinois 86-CC-3135 Contel of Illinois 86-CC-3136 Contel of Illinois 86-CC-3137 Contel of Illinois 86-CC-3138 Contel of Illinois 86-CC-3139 Contel of Illinois 86-CC-3140 Contel of Illinois 86-CC-3141 Contel of Illinois 86-CC-3142 Contel of Illinois 86-CC-3143 Contel of Illinois 86-CC-3144 Contel of Illinois 86-CC-3145 Contel of Illinois 86-CC-3151 Xerox Corp. 86-CC-3154 Xerox Corp. 86-CC-3161 Constable Equipment CO. 86-CC-3165 Steiner Electric 86-CC-3167 Steiner Electric 86-CC-3206 Glenwood Medical Group 86-CC-3207 Glenwood Medical Group 86-CC-3209 Glenwood Medical Group 86-CC-3212 Onnen, Fred L. 86-CC-3223 Blue, Cynthia Taylor 86-CC-3240 Lawrence, Clifford L., Sr. 86-CC-3243 McIntrye, T. G. 86-CC-3256 Serna, Judith D. 86-CC-3259 Sneed, Jeffrey 86-CC-3282 Alters, Paula 86-CC-3298 Baber, Riaz A., M.D. 86-CC-3310 Henrotin Hospital 230

86-CC-3316 Action Office Supply 86-cc-3320 Action Office Supply 86-CC-3322 Mikalauskas, John 86-CC-3323 Martinez, Edwin 86-CC-3373 Sierra, Francisco V. 86-CC-3375 Berman Moving & Storage 86-CC-3380 Apke, Michael, d/b/a Pro Auto 86-CC-3389 St. Joseph Hospital 86-CC-3399 Federal Signal Corp. 86-CC-3403 Kutty, Ahamed V. P., M.D. 86-CC-3405 Utility Tower Co. 86-CC-3418 Elmhurst Memorial Hospital 86-CC-3429 Binstein, Harold & Janice 86-CC-3430 Binstein, Janice 86-CC-3435 Lake Land College 86-CC-3441 De Vivo, Helen 86-CC-3464 National Car Rental 86-CC-3465 Black, Richard 86-CC-3527 Hoe Supply Co. 86-CC-3540 O’Sullivan, John 86-CC-3544 Chicago, University of, Hospital 86-CC-3567 Action Office Supply 86-CC-3572 Action Office Supply 87-CC-0003 Harrell, Howard 87-CC-0004 Garman, Glenn 87-CC-OOO7 National Fire Protection Assn. 87-CC-0009 Goldman Assoc. 87-CC-0025 Galassi, Sandra, for Scott Stack 87-CC-0034 Crawford, Murphy & Tilly 87-CC-0062 Anderson, Jeanette 87-CC-0077 Law, Thomas J. and Law, Marcia L. 87-CC-0080 American Family Insurance, Subrogee of Carey S. Rubenstein 87-CC-0081 Morimoto, Paul K., M.D. 87-CC-0082 Modem Business Systems 87-CC-0100 Central States Prevost 87-CC-0111 Salkeld, Mark W. 87-CC-0120 Davis, William C., Jr. 87-CC-0121 Davis, William C., Jr. 87-CC-0122 Davis, William C., Jr. 87-CC-0123 Davis, William C., Jr. 231

87-CC-0124 Davis, William C., Jr. 87-CC-0125 Davis, William C., Jr. 87-CC-0126 Epstein, Mark B. 87-CC-0127 Beedle, Norma J. 87-CC-0130 Hoefort, John W., Jr. 87-CC-0132 Coletta, Robert J. 87-CC-0133 Shadid, James E. 87-CC-0134 Shadid, James E. 87-CC-0135 Watts, Jay M. 87-CC-0136 Gulo, Michael F. 87-CC-0138 Wimbiscus, William J., Jr. 87-CC-0139 Wimbiscus, William J., Jr. 87-CC-0143 Farenga, Cynthia R. 87-CC-0153 Crater, James M. 87-CC-0159 Biondi, Richard J. 87-CC-0160 Sassan, Dennis D. 87-CC-0167 Ringstrom, Margaret M. 87-CC-0200 Steiner Electric 87-CC-0203 Giampoli, Frank J.

87-CC-0206 Wright- & Babcock 87-CC-0209 Maas, Thomas C. 87-CC-0210 Maas, Thomas C. 87-CC-0211 Maas, Thomas C. 87-CC-0212 Maas, Thomas C. 87-CC-0213 Maas, Thomas C. 87-CC-0214 Maas, Thomas C. 87-CC-0215 Maas, Thomas C. 87-CC-0216 Maas, Thomas C. 87-CC-0217 Maas, Thomas C. 87-CC-0218 Maas, Thomas C. 87-CC-0219 Maas, Thomas C. 87-CC-0227 Kim, Tung Oh 87-CC-0236 Community Care rstems, Inc. 87-CC-0240 Illini Supply, Inc. 87-CC-0244 Wilson, Ray A. 87-CC-0248 Brogan, George E. 87-CC-0251 Gibson, Joseph 87-CC-0260 Clark, John R. I 87-CC-0267 MOSS, Larry E. I 87-CC-0271 Chew, Bertha; Special Administratrix of the Estate of Michael Chew, dec’d I 232

87-CC-0273 Lane, Ronald C. & Margaret Lane 87-CC-0293 Summage, Charles E. 87-CC-0306 Harsh, Robert 87-CC-0311 ITT Courier Terminal Systems 87-CC-0312 ITT Courier Terminal Systems 87-CC-0313 ITT Courier Terminal Systems 87-CC-0314 Northland Medical Clinic 87-CC-0317 Badgley, Brad L. & Magna Trust Co. 87-CC-0332 National Medical Homecare 87-CC-0333 Outboard Marine Corp. 87-CC-0357 Marshal, William J., M.D. 87-CC-0373 Knobloch, John F. 87-CC-0378 St. James Hospital 87-CC-0379 St. James Hospital 87-CC-0380 St. James Hospital 87432-0381 St. James Hospital 87-CC-0382 St. James Hospital 87-CC-0384 St. James Hospital 87-CC-0393 Mohr, Daniel F. 87-CC-0394 Boehringer Ingelheim 87-CC-0395 Curtis, Cheryl 87-CC-0396 Gelman, Andrew R. 87-CC-0397 Gelman, Andrew R. 87-CC-0415 Rose, Ashley S. 87-CC-0436 Chavez, Mary Ann; Administratrix of the Estate of Peter Alvarado 87-CC -0443 Kelley, Rosemary 87-CC-0454 Hashman, Floyd 87-CC-0457 Ft. Wayne Anesthesiologists 87-CC-0461 Willis, Harold 87-CC-0465 Hromeck’s Court Reporters 87-CC-0503 Gerhold, Walter, M.D. 87-CC-0528 Mueller, Dorothy M. 87-CC-0577 Miller, Jack, M.D. 87-CC-0592 IBM 87-CC-0597 Gelman, Andrew R. 87-CC-0598 Quinn, Joan P. 87-CC-0630 Resurrection Hospital 87-CC-0668 Pitney Bowes 87-CC-0670 White County Clerk 87-CC-0682 IBM 233

87-C C -0686 IBM 87-CC-0690 Wang Labs 87-CC-0729 Benton & Assoc. 87-CC-0737 Pryor, Robert E. 87-CC-0775 Holiday Inn 87-CC-0821 Lyons, George 87-CC-0864 Gholston, Bruce 87-CC-0909 Clearbrook Center 87-CC-0916 Lipski, Richard L. 87-CC-0921 Office Store Co. 87-CC-0922 Office Store Co. 87-CC-0936 McGuire Reporting Service 87-CC-0939 McGuire Reporting Service 87-CC-0953 Dore, Roger M. 87-CC-0968 Dietrich, Alan 87-CC-0997 Illinois State Bar Association 87-CC-1041 Tronet, Lorens P. 87-CC-1122 Will, County of 87-CC-1133 Fairchild, Lisa A. 87-CC-1143 Haverkamp, Don L. 87-CC-1163 Moore, John R. 87-CC-1166 Northern Illinois Gas Co. 87-CC-1175 Bark, Judith A. 87-CC-1187 Siddiqui, Idris Ibrahim 87-CC-1190 Gatlin, Louise; Ind. & as Mother & Next Friend of Eolando Gatlin, Minor 87-CC-1197 Fulton County Case Coordination Unit 87-CC-1244 Ramada Renaissance 87-CC-1245 United Methodist Children’s Home 87-CC-1281 Stevens, Vickie L. 87-CC-1289 McCorkle Court Reporters, Inc. 87-CC-1362 Consolidated Rail Corp. 87-CC-1380 Test, Elaine E. 87-CC-1413 Brown, David L. 87-CC- 1445 Kellner, M. J., Co. 87-CC-1446 Kellner, M. J., Co. 87-CC- 1447 Kellner, M. J., Co. 87-CC-1448 Kellner, M. J., Co. 87-CC-1449 Kellner, M. J., Co. 87-CC-1450 Kellner, M. J., Co. 87-CC-1451 Kellner, M. J., Co. 234

87-CC-1452 Kellner, M. J., Co. 87-CC-1453 Kellner, M. J., Co. 87-CC-1454 Kellner, M. J., Co. 87-CC-1456 Kellner, M. J., Co. 87-CC-1457 Kellner, M. J., Co. 87-CC-1458 Kellner, M. J., Co. 87-CC-1459 Kellner, M. J., Co. 87-CC-1460 Kellner, M. J., Co. 87-CC-1461 Kellner, M. J., Co. 87-CC-1462 Kellner, M. J., Co. 87-CC-1463 Kellner, M. J., Co. 87-CC-1464 Kellner, M. J., Co. 87-CC-1465 Kellner, M. J., Co. 87-CC-1466 Kellner, M. J., Co. 87-CC-1467 Kellner, M. J., Co. 87-CC-1468 Kellner, M. J., Co. 87-CC-1469 Kellner, M. J., Co. 87-CC-1470 Kellner, M. J., Co. 87-CC-1471 Kellner, M. J., Co. 87-CC-1472 Kellner, M. J., Co. 87-CC-1473 Kellner, M. J., Co. 87-CC-1503 Kellner, M. J., Co. 87-CC-1504 Kellner, M. J., Co. 87-CC-1505 Kellner, M. J., Co. 87-CC-1506 Kellner, M. J., Co. 87-CC-1507 Kellner, M. J., Co. 87-CC-1508 Kellner, M. J., Co. 87-CC-1509 Kellner, M. J., Co. 87-CC-1510 Kellner, M. J., Co. 87-CC-1534 McCorkle Court Reporters, Inc. 87-CC-1538 McCorkle Court Reporters, Inc. 87-CC-1557 Kellner, M. J., Co. 87-CC-1558 Kellner, M. J., Co. 87-CC-1559 Kellner, M. J., Co. 87-CC-1560 Kellner, M. J., Co. 87-CC-1561 Kellner, M. J., Co. 87-CC-1562 Kellner, M. J., Co. 87-CC-1563 Kellner, M. J., Co. 87-CC-1564 Kellner, M. J., Co. 87-CC-1565 Kellner, M. J., Co. 87-CC-1566 Kellner, M. J., Co. I I I 235 87-CC-1567 Kellner, M. J., Co. 87-CC-1568 Kellner, M. J., Co. . 87-CC-1569 Kellner, M. J., Co. 87-CC-1570 Kellner, M. J., Co. 87-CC-1571 Kellner, M. J., Co. 87-CC-1573 Kellner, M. J., Co. 87-CC-1574 Kellner, M. J., Co. 87-CC-1575 Kellner, M. J., Co. 87-CC-1576 Kellner, M. J., Co. 87-CC-1577 Kellner, M. J., Co. 87-CC-1578 Kellner, M. J., Co. 87-CC-1584 Gordon, Brenda 87-CC-1592 Howard Johnson Motor Lodge 87-CC-1593 Howard Johnson Motor Lodge 87-CC-1595 Howard Johnson Motor Lodge 87-CC-1596 Howard Johnson Motor Lodge 87-CC-1599 Howard Johnson Motor Lodge 87-CC-1723 Funk, LaFayette & Cleda 0. 87-CC-1756 St. Elizabeth Medical Center 87-CC-1758 St. Elizabeth Medical Center ' 87-CC-1774 Globe Glass & Mirror 87-CC-1838 Pitney Bowes 87-CC-1870 Xerox Corp. 87-CC-1924 Kellner, M. J., Co. 87-CC-1928 Kellner, M. J., Co. 87-CC-1933 Kellner, M. J., Co. 87-CC-1935 Kellner, M. J., Co. 87-CC-1941 Kellner, M. J., Co. 87-CC-1943 Kellner, M. J., Co. 87-CC-2088 Bend Orthopedic & Fracture Clinic, P.C. 87-CC-2111 Rodriguez, Joseph 87-CC-2489 Caso, David 87-CC-2491 Kinnell, Charlene 87-CC-2590 West Publishing Co. 87-CC-2956 Keca, Maryann Munch 87-CC-3032 Knowles Law Book Publishing 87-CC-3033 Knowles Law Book Publishing 87-CC-3109 Beeks, Cordia H. CASES IN WHICH ORDERS AND OPINIONS OF DENIAL WERE ENTERED WITHOUT 0 PIN IONS FY 1987

77-CC-1305 Rest Haven Manor, Inc., Nursing Home 77-CC-1316 Applegate Inn, Inc. 77-CC-1326 Four Fountains, Inc. 77-CC-1327 Sunrise Manor, Inc. 77-CC-1328 Village Inn, Inc. Nursing Home 77-CC-1329 Friendship Villa, Inc., d/b/a Friendship Villa Nursing Center 77-CC-1330 Quinsippi Long Term Care Facility, Inc. 77-CC-1336 We Care Nursing Facilities, Inc. 77-CC-1337 East View Manor Nursing Home, Inc. #2 77-CC-1338 Friendship Manor, Inc., d/b/a Galesburg Convalescent Center Nursing Home 77-CC-1339 Friendship Manor, Inc., d/b/a Rock Island Convalescent Center Nursing Home 77-CC-1340 Friendship Manor, Inc., d/b/a Champaign Convalescent Center Nursing Home 77-CC-1350 Christian Homes, Inc., d/b/a Wabash Christian Retire- ment Center 77-CC-1351 Christian Homes, Inc., d/b/a Pleasant Meadows Christian Village 77-CC-1352 Hillhaven, Inc., d/b/a Dirksen House Healthcare 77-CC-1353 Woodland, Inc. Nursing Home 77-CC-1354 Crest View Nursing Home 77-CC-1355 Fair Havens Christian Home, Inc. 77-CC-1356 Christian Homes, Inc., d/b/a Christian Nursing Home 77-CC-1357 Christian Homes, Inc., d/b/a Lamoine Christian Nursing Home 77-CC-1359 Ridgway Manor Nursing Home 77-CC-1360 Carlyle Healthcare Center, Inc. 77-CC-1361 Zion Nursing Home 77-CC-1362 Fountainhead Development Corp., d/b/a Blu Fountain Manor Nursing Home 77-CC-1363 Nature Trail Home, Inc. 77-CC-1366 Heritage Manor Nursing Home 77-CC-1367 Washington Nursing Center, Inc. 236 237

77-CC-1370 Brethren Home of Girard, Illinois, Inc., d/b/a Pleasant Hill Village 77-CC-1371 River Hills Nursing Home, Inc., d/b/a Americana Healthcare Center of Moline 77-CC-1372 Urbana Americana, Inc., d/b/a Americana Healthcare Center of Urbana 77-CC-1373 Macomb Americana, Inc., d/b/a Americana Healthcare Center of Macomb 77-CC-1374 Champaign Americana, Inc., d/b/a Americana Health- care Center of Champaign 77-CC-1375 Joliet Americana, Inc., d/b/a Americana Healthcare Center of Joliet 77-CC-1377 Ninth Avenue Corp., d/b/a Americana Healthcare Center of Rochelle 77-CC-1379 Kellogg-Losey Corp., d/b/a Americana Healthcare Center of Galesburg 77-CC-1381 Bourbonnais Avenue Corp., d/b/a Americana Health- care Center of Kankakee 77-CC-1382 Knoxville Management Corp., d/b/a Americana Health- I care Center of Peoria 77-CC-1384 Gross Point Manor, Inc. 77-CC-1385 Americana Health Care Corp., d/b/a Americana Healthcare Center of Danville 77-CC-1386 Cenco Care Corp., d/b/a Beldon Manor 77-CC-1387 Miller Rutledge Corp., d/b/a Americana Healthcare Center of Decatur 77-CC-1388 Broadway Management Corp., d/b/a Americana Healthcare Center of Normal 77-CC-1390 Litchfield Nursing Home 77-CC-1391 Staunton Health Care Center 77-CC-1392 Pana Health Care Center I 77-CC-1395 Fairview Manor, Inc., Nursing Home I 77-CC-1396 Colonial Manor, Inc. 77-CC- 1397 Leisure Hills of Pekin Nursing Home I 77-CC-1398 Franklin Hospital Skilled Nursing Care Unit I 77-CC-1399 Leisure Hills of Kewanee I 77-CC-1400 Lutheran Hospitals & Homes Society Owners ik I Operators 77-CC-1401 Parkview Manor, Inc., d/b/a Parkview Colonial Manor Nursing Home 238

77-CC-1402 WDM Management Corp. 77-CC-1403 Prairie City Nursing Home, a/k/a Prairie City Nursing Center, Inc. 77-CC-1404 Wallace Nursing Homes, Inc. 77-CC-1405 Hillside Terrace Intermediate Nursing Facility, et al. 77-CC-1406 Hancock County Nursing Home 77-CC-1407 Parkhill Skilled Nursing Facility 77-CC-1416 Greenwood Manor Nursing Home 77-CC-1417 Freeport Manor Nursing Home 77-CC-1418 Belvidere Manor Nursing Home 77-CC-1420 Mattingly Health Care Center; L. E. & B. F. Mattingly, Owners 77-CC-1421 Hampton Nursing Manor, Virgil A. Hampton, Owner & Administrator 77-CC-1422 Country View Health Care Center 77-CC-1423 Lincoln Manor, Inc. 77-CC-1425 Good Samaritan Nursing Home 77-CC-1426 Leisure Garden Home, Inc., d/b/a Sunset Nursing Home 77-CC-1427 Leisure Garden Home, Inc., d/b/a Three Oaks Nursing Home 77-CC-1428 Leisure Garden Home, Inc., d/b/a Hallmark House Nursing Home 77-CC-1429 Bols, Lee, d/b/a Morris Lincoln Nursing Home 77-CC-1440 Care Management, Inc., d/b/a Roosevelt Square- Marion Nursing Home 77-CC-1441 Care Management, Inc., d/b/a Roosevelt Square- Murphysboro Nursing Home 77-CC-1442 Decatur Manor 77-CC-1443 Danville Manor 77-CC-1444 City Care Center Nursing Home 77-CC-1445 Clinton Manor Nursing Home 77-CC-1446 Centralia Care Center Nursing Home 77-CC-1447 Macomb Manor Nursing Home 77-CC-1448 Herrin Realty, Inc., d/b/a Oak Park Care Center Nursing Home 77-CC-1449 Continental Manor Nursing Home 77-CC-1451 Highland Manor Nursing Home 77-CC-1452 East Moline Manor Nursing Home 77-CC- 1453 East Moline Care Center Nursing Home '. 239

77-CC-1454 Care Management, Inc., d/b/a Roosevelt Square- Princeton Nursing Home 77-CC-1455 Watseka Manor Nursing Home 77-CC-1456 Briarcliff Manor Nursing Home 77-CC-1457 Bloomington Manor Nursing Home 77-CC-1458 Care Management, Inc., d/b/a Roosevelt Square-Silvis Nursing Home 77-CC-1459 Elmwood Manor, Inc., a Nursing Home 77-CC-1460 Modern Manor, Inc. 77-CC-1462 Care Management, Inc., d/b/a Roosevelt Square- Springfield Nursing Home 77-CC-1464 Shelby Manor Nursing Home 77-CC-1465 Sandra Memorial Nursing & Convalescent Home, Inc. 77-CC-1466 Woodstock Residence, Inc. 77-C C- 1467 Mayfield Manor Nursing Center, Inc. 77-CC-1468 Skokie Valley Terrace Nursing Center, Inc. 77-CC-1469 Skokie Valley Manor, Inc. 77-CC- 1470 Northwestern Nursing Center, Inc. 77-C C - 1471 Pembridge House, Lnc. 77-CC-1472 Regent Plaza Nursing Center, Inc. 77-CC-1473 Michigan Terrace Nursing Home, Inc. 77-CC-1474 Hyde Park Nursing Center, Inc. 77-CC-1475 Abbott House, Inc. 77-CC-1476 Danville Care, Inc. Nursing Home 77-CC-1479 Saline Manor, Inc., d/b/a Saline Care Center Nursing Home 77-CC-1489 Shady Rest Manor, Inc. Nursing Home 77-CC-1491 Reisch Memorial Nursing Home I 77-CC-1525 Bridgeview Convalescent Center I 77-CC-1526 Moon Lake Convalescent I 77-CC-1527 Carlton House, Inc. I 77-CC-1528 Mayflower Pavilion Convalescent II 77-CC-1530 Four Seasons Nursing Center of Hazel Crest 77-CC-1531 Four Seasons Nursing Center of Elgin ~ I 77-CC-1533 Four Seasons Nursing Center of Joliet I

77-CC-1635 Stunson Enterprises, Inc., d/b/a Fairview House Nursing I Home I 77-CC-1648 Lincoln Hill Nursing Center I 77-CC-1650 Red Hills Rest Haven Corp. I 240

I 77-CC-1667 Bridgeport Nursing Home; Charles S. & Judith L. Cunningham 77-CC-1720 Morrison Community Skilled Nursing Facility 77432-1767 Georgetown Manors, Tnc. Nursing Home 77-C C-1779 Park Manor Nursing Home, d/b/a Crown Manor Wencordic Enterprises Inc. et a1 PTR 77-CC-1818 Royal Fontana Nursing Center, Inc. 77-CC-1819 Royal Greenbrier Nursing Center, Inc. 77-CC - 1820 Royal Elm Convalescent & Geriatric Center, Inc. 77-CC-1822 Royal Willow Nursing Care Center, Inc. 77-CC-1848 Seppi, Joseph F. & The Estate of Dr. Philip Azar, d/b/a The Lincoln Home 77-CC-1853 R.B.N.H., Inc., d/b/a Red Bud Nursing Home 77-CC-1854 Greenbriar Lodge Nursing Home 77-CC- 1900 Continental Manor Nursing Home 77-CC-2036 Langston Enterprises, Inc., d/b/a Heritage House Nursing Home 77-CC-2166 Birchwood Nursing Home, Birchwood, Inc. 77-CC-2373 Pro-Care, Inc., d/b/a Cotillion Ridge,Nursing Center 77-CC-2374 Crawford County Convalescent Center, Inc. 77-CC-2406 Somerset House, Inc. 77-CC-2531 Rogers Park Manor, Inc. 77-CC-2532 Homestead Convalescent Nursing Home 77-CC-2538 Executive Centers of America, Inc. 77-cc-2564 Rockford Convalescent Center, Alma Nelson Manor, Inc. 78-CC-0024 Hawthorne Lodge of Hillsboro, Inc. Nursing Home 78-CC-0025 Hawthorne Lodge of Sullivan, Inc. Nursing Home 78-CC-0026 Hawthorne Lodge of Watseka, Inc. Nursing Home 78-CC-0027 Hawthorne Lodge of El Paso, Inc. Nursing Home 78-CC-0028 Hawthome Lodge of Pana, Inc. Nursing Home 78-CC-0029 Hawthorne Lodge of Bloomington, Inc. Nursing Home 78-CC-0140 Georgetown Manors, Inc. Nursing Home 78-CC-0412 Fondulac Nursing Manor 78-CC-0535 Brethren Home of Girard, Illinois, Inc., d/b/a Pleasant Hill Village 78- CC- 1038 Carlton House, Inc. 78-CC-1039 Mayflower Pavilion Convalescent 78-CC- 1040 Moon Lake Convalescent 78-CC-1217 North Aurora Manor 24 1

78-CC-1218 Camelot Manor 78-CC-1219 Rock Falls Manor 78-CC-1220 Knox Manor 78-CC-1247 Lee County 78-CC-1288 LaSalle County Nursing Home (LSCNH) 78-CC-1302 McLean County 78-CC-1357 McDonough County, Illinois 78-CC-1456 Livingston County 78-CC-1473 Seppi, Joseph F. & The Estate of Dr. Philip Azar, d/b/a The Lincoln Home 79-CC-0529 Guminski, Mitchell 80-CC-0988 Brewer, Joe 81-CC-1302 Coventry Terrace, d/b/a Coventry Terrace Nursing Center 81-CC-1303 Burnham Terrace Associates 81-CC-1304 Northeast Health Care Association, d/b/a Northeast Health Care Center 81-CC-1305 Touhy Terrace Associates 82-CC-0337 Seppi, Joseph F., d/b/a The Lincoln Home 82-CC-1513 Sievers, Steven A. 85-CC-0451 Moses, Elizabeth M. 85-CC-1054 Baker, Patricia 85-CC-1590 Grady, Roger 85-CC- 1873 Community College Dist. 508 85-CC-2265 Eureka College 85-CC-2690 Haber, Irving 86-CC-0521 Central East Alcoholism and Drug Council 86-CC-0727 Prairie Center for Substance Abuse 86-CC- 1085 McLean Co. Alcohol & Drug/Lighthouse 86-CC-1834 Carle Clinic 86-CC-1835 Carle Clinic 86-CC-1836 Carle Clinic 86-CC-1837 Carle Clinic 86-CC- 1838 Carle Clinic 86-CC-1839 Carle Clinic 86-CC-1840 Carle Clinic 86-CC-1859 Richards, Lawrence K., M.D. 86-CC-1860 Richards, Lawrence K., M.D. 86-CC-2138 Carle Clinic Assn. 86-CC-2360 Mercy Hospital 242

86-CC-2537 Franciscan Medical Center 86-CC-3215 Little, Larry D. 87-CC-0769 Roesch, Arthur 87-CC-2900 Carle Clinic Assn. 87-CC-3378 Christie Clinic CONTRACTS-LAPSED APPROPRIATIONS FY 1987 When the appropriation from which a claim should have been paid has lapsed, the Court will enter an award for the amount due Claimant.

81-CC-1892 Meis of Indiana $ 138.87 82-CC-0097 Schwarz, Marvin, M.D. 1,000.00 82-CC-0098 Schwarz, Marvin, M.D. (Paid under claim 82-CC-0097) 82-CC-0126 Larson, John, M.D. (Paid under claim 82-CC-0097) 82-CC-0138 Schwarz, Marvin, M.D. (Paid under claim 82-CC-0097) 82-CC-0474 Princeville Area Migrant Child Development Center 98.82 82-CC-1223 Gillespie, Cadigan & Gillespie 2,137.67 82-CC-1284 Savin Corp. 98.50 82-CC-1302 Savin Corp. 98.50 82-CC-2699 Illinois, State of; Department of Administra- tive Services 4,149.37 83-CC-0339 Springfield, City of; Department of Public Property 242.55 83-CC-1830 IBM 8,473.50 83-CC-2273 Loyola Medical Practice Plan 33,344.21 83-CC-2274 Loyola Medical Practice Plan (Paid under claim 83-CC-2273) 83-CC-2275 Loyola Medical Practice Plan (Paid under claim 83-CC-2273) 83-CC-2276 Loyola Medical Practice Plan (Paid under claim 83-CC-2273) 83-CC-2277 Loyola Medical Practice Plan (Paid under claim 83-cc-2273) 83-CC-2279 Loyola Medical Practice Plan (Paid under claim 83-CC-2273) 83-cc-2280 Loyola Medical Practice Plan (Paid under claim 83-CC-2273) 83-CC-2281 Loyola Medical Practice Plan (Paid under claim 83-CC-2273) 83-CC-2282 Loyola Medical Practice Plan (Paid under claim 83-CC-2273)

243 244

83-CC-2283 Loyola Medical Practice Plan (Paid under claim 83-CC-2273) 83-CC-2284 Loyola Medical Practice Plan (Paid under claim 83-CC-2273) 83-CC-2285 Loyola Medical Practice Plan (Paid under claim 83-CC-2273) 83-CC-2286 Loyola Medical Practice Plan (Paid under claim 83-CC-2273) 83-CC-2287 Loyola Medical Practice Plan (Paid under claim 83-CC-2273) 83-CC-2288 Loyola Medical Practice Plan (Paid under claim 83-CC-2273) 83-CC-2289 Loyola Medical Practice Plan (Paid under claim 83-CC-2273) 83-CC-2290 Loyola Medical Practice Plan (Paid under claim 83-CC-2273) 83-CC-2291 Loyola Medical Practice Plan (Paid under claim 83-CC-2273) 83-CC-2292 Loyola Medical Practice Plan (Paid under claim 83-CC-2273) 83-CC-2293 Loyola Medical Practice Plan (Paid under claim 83-CC-2273) 83-CC-2294 Loyola Medical Practice Plan (Paid under claim 83-CC-2273) 83-CC-2295 Loyola Medical Practice Plan (Paid under claim 83-CC-2273) 83-CC-2323 Northwestern Memorial Hospital 3,745.66 83-CC-2612 Northern Illinois Gas Co. 68,759.06 84-CC-0595 Carlson Roofing Co. 11,472.01 84-CC-0778 St. Mary’s Hospital (Paid under claim 85-CC-0333) 84-CC-0875 St. Mary’s Hospital (Paid under claim 85-CC-0333) 84-CC-0889 Curtis Industries 324.29 84-CC-1376 State Employees’ Retirement System 1,292.63 84-CC-1572 St. Mary’s Hospital (Paid under claim 85-cc-0333) 84-CC-2054 Codex Corp. 927.14 84-CC-2646 St. Mary’s Hospital (Paid under claim 85-CC-0333) 84-CC-2715 Springfield Radiologists 216.00 245

84-CC-2753 Rehabilitation Institute of Chicago 9,938.87 84-CC-3310 Rehabilitation Institute of Chicago 126.84 84-CC-3444 Hinsdale Sanitarium & Hospital 22,245.99 85-CC-0333 St. Mary’s Hospital 14,99925 85-CC-0336 Hinsdale Sanitarium & Hospital (Paid under claim 84-cc-3444) 85-CC-0392 Easter Seal Center, Inc. 1,096.50 85-CC-0921 Econo-Car of Chicago 61.70 85-CC-1014 Dawsons Handy Andy 126.00 85-CC-1100 Hinsdale Sanitarium & Hospital (Paid under claim 84-CC-3444) 85-CC-1579 Berwyn Cicero Council on Aging 2,559.76 85-CC-1695 Volunteers of America 1,714.91 85-CC-1720 Pilgrim Child Development Day Care Jnsti- tute 4,400.00 85-CC- 1733 Dargene, Mark, J., Dr. 254.00 85-CC-1919 Silver Cross Hospital 179.45 85-CC-2100 Marc Center 1,050.51 85-CC-2102 Marc Center 185.66 85-CC-2183 Production Supplies, Inc. 6.83 85-CC-2189 Catholic Social Services 999.11 85-CC-2469 Zep Manufacturing 1,889.30 85-CC-2470 Zep Manufacturing 576.61 85-CC-2494 Exxon Office Systems 265.00 85-CC-2563 Human Resources Center of Edgar & Clark Counties 475.70 85-CC-2697 Mandel, Lipton and Stevenson, Ltd. 6,940.50 85-CC-2709 Misericordia Home South 3,7 10.85 85-CC-2745 Datagraphix 278.70 85-CC-2898 City Water, Light & Power 224.19 85-CC-2913 Chicago University Medical Center 6,008.75 85-C C -29 19 Konewko, Michael R. 932.80 85-CC-3011 Loyola University Medical Center 3,685.00 85-CC-3102 Xerox Corp. 517.17 85-CC-3106 Xerox Corp. 12028 86-CC-0081 Boblick, William E., M.D. 180.00 86-CC-0086 Ravenswood Hospital 1,564.68 86-CC-0094 Mercy Hospital 12,342.94 86-CC-0236 Konrad, Horst, M.D. 1,609.17 86-CC-0241 General Answering Service 943.56 86-CC-0242 General Answering Servcie 550.41 246

86-CC-0326 Ebenreiter Woodworking Co. 4,123.80 86-CC-0540 A T & T Information Systems 237,069.97 86-CC-0558 Chicago University Medical Center 2,391.49 86-CC-0568 Met Newspaper 260.61 86-CC-0581 Touche Ross & Co. 144,023.00 86-CC-0607 St. Mary’s Hospital 547.94 86-CC-0764 Leland Building 10,928.94 86-CC-0791 Ideal Heating 4,583.30 86-CC-0792 Hoyleton Children’s Home 1,056.00 86-cc-0842 Maryville Academy 347.58 86-CC-0864 Complete Home Service-Home Care, Inc. 49,287.40 86-CC-0873 Schiller, W., & Co., Inc. 239.77 86-CC-0964 Charlson, Lawrence 84.00 86-CC-1072 Parkhurst, Todd S. 504.97 86-CC-1073 Parkhurst, Todd S. 360.02 86-CC-1074 Servco Equipment 191,737.79 86-CC-1118 Heaslip, Dennis J. 32.59 86-CC-1125 Amoco Oil Co. 134.16 86-CC-1154 Wheaton Youth Outreach 510.00 86-CC-1157 Litton Systems, Inc. 527.50 86-CC-1172 Blare House, Inc. 2,986.20 86-CC-1174 IBM 1,501.30 86-CC-1213 Xerox Corp. 335.01 86-CC-1243 Maryville Academy 692.08 86-CC-1263 Community College Dist. 508 3,791.60 86-CC-1332 McKinley, Ada S., Community Service, Inc 1,193.55 86-CC-1334 Spencer, David L., M.D. 21.00 86-CC-1347 A T & T Information Systems 9,170.81 86-CC-1348 A T & T Information Systems 99.95 86-CC-1349 A T & T Information Systems 94.43 86-CC-1350 A T & T Information Systems 94.43 86-CC-1351 A T & T Information Systems 82.47 86-CC-1352 A T & T Information Systems 280.00 86-CC- 1353 A T & T Information Systems 4,285.09 86-CC-1355 A T & T Information Systems 1,730.02 86-CC-1357 A T & T Information Systems 1,617.41 86-CC-1358 A T & T Information Systems 719.25 86-CC-1359 A T & T Information Systems 1,371.67 86-CC- 1360 A T & T Information Systems 51.54 86-CC-1361 A T & T Information Systems 13,570.70 86-CC-1362 A T & T Information Systems 47.11 ~

247

86-CC-1363 A T & T Information Systems 49.62 86-CC-1364 A T & T Information Systems 113.87 86-CC-1365 A T & T Information Systems 81.16 86-CC-1366 A T & T Information Systems 634.08 86-CC-1368 A T & T Information Systems 2,391.12 86-CC-1370 A T & T Information Systems 29.75 i 86-CC-1371 A T & T Information Systems 2,832.98 86-CC-1372 A T & T Information Systems 398.94 86-CC-1373 A T & T Information Systems 1,793.11 86-CC-1374 A T & T Information Systems 2,049.68 I 86-CC-1375 A T & T Information Systems 315.32 I 86-CC-1376 A T & T Information Systems 822.54 I 86-CC-1378 A T & T Information Systems 508.01 86-CC-1381 A T & T Information Systems 72.44 i 86-CC-1382 A T I%T Information Systems 4,616.69 86-CC-1383 A T & T Information Systems 116.37 86-CC-1384 A T & T Information Systems 124.66 86-CC-1386 A T & T Information Systems 110.00 86-CC-1388 A T & T Information Systems 10,118.75 I I 86-CC-1390 A T & T Information Systems 136.71 I I 86-CC-1391 A T & T Information Systems 569.46 86-CC-1392 A T & T Information'Systems 1,080.00 86-CC-1395 A T & T Information Systems 1,187.78 i 86-CC-1396 A T & T Information Systems 462.08 86-CC-1397 A T & T Information Systems 2,764.70 86-CC-1398 A T & T Information Systems 224.00 86-CC-1399 A T & T Information Systems 27.60 86-CC-1402 A T & T Information Systems 477.88 86-CC- 1404 A T & T Information Systems 832.04 86-CC-1405 A T & T Information Systems 433.87 86-CC-1406 A T & T Information Systems 832.04 I 86-CC-1407 A T & T Information Systems 494.28 86-CC-1408 A T & T Information Systems 1,327.30 86-CC-1409 A T & T Information Systems 129.99 86-CC-1410 A T & T Information Systems 26.98 86-CC-1411 A T & T Information Systems 11,477.22 86-CC-1412 A T & T Information Systems 3,979.96 86-CC-1413 A T & T Information Systems 132.04 86-CC-1453 Chileda Institute, Inc. 1,260.39 86-CC-1479 Bounds, William B. 555.43 86-CC-1486 Harris Corp. 2,269.00 I I 248

86-CC-1500 Gasperi, John B., Tool Co., Inc. 472.45 86-CC-1507 Gray, James C. 2,181.50 86-CC-1519 Riverside Medical Center 66.40 86-CC-1528 Ziebart A/T Kustproofing, A Div. of J.C.P. Inc. 544.00 86-CC-1537 Hook’s Drugs #708 164.63 86-CC-1543 Bismarck Hotel 3,914.00 86-CC-1549 Jose Enterprises 180.31 86-CC-1557 Reporting Services, Inc. 30.00 86-CC-1573 Sears, Roebuck & Co. 360.72 86-CC-1578 Nauman, Arlene 63.85 86-CC- 1580 Georges, Pete, Chevrolet, Inc. 498.00 86-CC-1592 Medical Practice Plan 530.00 86-CC-1593 Medical Practice Plan 92.00 86-CC-1595 Medical Practice Plan 22.00 86-CC-15% Medical Practice Plan 50.00 86-CC-1597 Medical Practice Plan 260.00 86-CC-1599 Medical Practice Plan 70.00 86-CC-1600 Medical Practice Plan 25.00 86-CC - 1602 Medical Practice Plan 10.00 86-CC-1606 Medical Practice Plan 12.50 86-CC-1607 Medical Practice Plan 10.50 86-CC- 1636 Sieg LaSalle Co., Inc. 25.44 86-CC- 1639 Midwest Diversified Services, Inc. 438.90 86-CC-1642 Willow Brook Ford, Inc. 74.56 86-CC-1664 Boblick, William E., Jr., M.D. 167.00 86-CC-1709 Medical Practice Plan 225.00 86-CC-1712 Medical Practice Plan 120.00 86-CC-1716 Medical Practice Plan 76.00 86-CC-1718 Medical Practice Plan 37.50 86-CC-1719 Medical Practice Plan 35.00 86-CC-1720 Medical Practice Plan 36.50 86-CC-1721 Medical Practice Plan 35.00 86-CC-1722 Medical Practice Plan 36.50 86-CC- 1723 Medical Practice Plan 72.00 86-CC-1724 Medical Practice Plan 48.00 86-CC-1726 St. Frances Xavier Cabrini Hospital 2,015.70 86-CC-1731 Elgin Chrysler Plymouth 290.07 86-CC- 1745 Glenkirk 17,874.92 86-CC-1752 Riverside Medical Center 27.08 86-CC-1760 Simms, Sharon, Ph.D. 145.00 249

86-CC-1761 Simms, Sharon, Ph.D. 200.00 86-CC-1813 Xerox Corp. 1,538.47 86-CC-1832 Ral Construction 1,901.83 86-C C - 1846 McGraw-Edison Service 4,816.60 86-CC-1874 Van Ru Credit Corp. 77.00 86-CC-1879 Katz, Paul L., M.D. 39.00 86-CC-1910 Drake University 690.00 86-CC- 1914 Cross, Robert E. 1,352.86 86-CC-1921 Shafer’s Galena Pharmacy 25.43 86-CC-1922 Helping Hand Rehabilitation Center 349.44 86-CC- 1936 Gibson, George R., Chevrolet, Inc. 205.76 86-CC-1967 Casa Central 3,591.24 86-CC- 1971 Cabay, Ben B., Construction CO. 18,157.60 86-CC-1975 Ill-Mo Welding Products Co. 3,212.70 86-CC-2012 St. James Hospital 4,126.48 86-CC-2013 St. James Hospital 260.64 86-CC-2014 St. James Hospital 5,032.35 86-CC-2015 St. James Hospital 565.09 86-CC-2016 St. James Hospital 729.30 86-CC-2017 St. James Hospital 4,509.73 86-CC-2018 St. James Hospital 3,526.78 86-CC-2019 St. James Hospital 807.25 86-CC-2020 St. James Hospital 939.95 86-CC-2021 St. James Hospital 1,317.84 86-CC-2022 St. James Hospital 444.14 86-CC-2023 St. James Hospital 1,441.95 86-CC-2024 St. James Hospital 612.89 86-CC-2026 St. James Hospital 6.00 86-CC-2027 St. James Hospital 167.75 86-CC-2028 St. James Hospital 125.00 86-CC-2029 St. James Hospital 6.00 86-CC-2030 St. James Hospital 3,616.65 86-CC-2033 St. James Hospital 2,646.54 86-CC-2042 Washington County Vocational Workshop 822.95 86-CC-2043 Allen, D. Arlene 34.96 86-CC-2044 Crossroads Ford Truck Sales, Inc. 186.83 86-CC-2051 Lutheran Child & Family Services of Illinois 767.75 86-CC-2063 General Electric Supply Co. 1,437.20 86-CC-2090 Mortimer, John S. 325.00 86-CC-2091 Mortimer, John S. 350.00 86-CC-2094 Royal Chrysler Plymouth 476.68 250

86-CC-2095 Royal Chrysler Plymouth 373.10 86-CC-2096 Royal Chrysler Plymouth 58.00 86-CC-2100 Gray Line of Chicago 250.00 86-CC-2101 Community Support Services, Inc. 7,854.87 86-CC-2116 Chicago Tribune 271.15 86-CC-2120 McCarthy, Daniel, M.D. 972.00 86-CC-2128 Halloran, Zita M. 300.96 86-CC-2146 McCoy, Laverne 15.00 86-CC-2157 Northern Credit Service 90.00 86-CC-2184 Commonwealth Edison Co. 1,965.30 86-CC-2190 Proviso Association for Retarded Citizens 2,571.05 86-CC-2192 Xerox Corp. 1,140.68 86-CC-2193 Xerox Corp. 97.92 86-CC-2194 Xerox Corp. 499.41 86-CC-2203 Xerox Corp. 228.00 86-CC-2204 Xerox Corp. 112.50 86-CC-2207 Chicago, University of, Hospital 605.18 86-CC-2227 Southern Illinois University, Board of Trus- tees on Behalf of SIU at Carbondale 25,757.66 86-CC-2231 Mercy Hospital 2,133.50 86-CC-2232 LaRabia Children’s Hospital 1,533.60 86-CC-2233 Louisiana, State of; Dept. of Health & Human Resources Office of Mental Health 890.64 86-CC-2237 Franciscan Medical Center 5,643.21 86-CC-2238 Franciscan Medical Center (Paid under claim 86-CC-2237) 86-CC-2239 Franciscan Medical Center (Paid under claim 86-CC-2237) 86-CC-2240 Franciscan Medical Center (Paid under claim 86-CC-2237) 86-CC-2241 Franciscan Medical Center (Paid under claim 86-CC-2237) 86-CC-2242 Franciscan Medical Center (Paid under claim 86-CC-2237) 86-CC-2243 Franciscan Medical Center (Paid under claim 86-CC-2237) 86-CC-2257 Illinois Bell Telephone Co. 220.83 86-CC-2259 Fantus Co. 31,867.50 86-CC-2276 Rita, Lucida, M.D. 241.50 86-CC-2283 Miller, James, Chevrolet, Inc. 1,518.N 86-CC-2284 Miller, James, Chevrolet, Inc. 256.70 251 'I 86-CC-2285 Miller, James, Chevrolet, Inc. 168.81 86-CC-2286 Miller, James, Chevrolet, Inc. 32.18 86-CC-2295 Belich, Paul P., Dr. 464.42 86-CC-2300 Riverside Medical Center 424.60 86-CC-2301 Riverside Medical Center 19.86 86-CC-2309 Cotton, Diane 684.57 86-CC-2314 Lomboy, Ric A. 112.86 86-CC-2326 American Scientific Products 3,189.42 86-CC-2331 Cloney, John E. 311.80 86-CC-2332 Mt. Sinai Hospital Medical Center 11,514.88 86-CC-2333 Mt. Sinai Hospital Medical Center 15,943.68 86-CC-2334 Mt. Sinai Hospital Medical Center 6,200.32 86-CC-2335 Mt. Sinai Hospital Medical Center 9,660.00 86-CC-2336 Mt. Sinai Hospital Medical Center 2,214.40 86-CC-2346 Chorzempa, James J., D.D.S. 172.00 86-CC-2352 Shoss, M., M.D. 40.00 86-CC-2355 Lanier Financial Services 109.65 86-CC-2363 Mt. Sinai Hospital Medical Center 17,653.06 86-CC-2364 Mt. Sinai Hospital Medical Center 10,186.2tl 86-CC-2366 Mt. Sinai Hospital Medical Center 16,015.39 86-CC-2369 Holy Family Hospital 585.25 86-CC-2376 Kannet, Irving, & Assoc. 68.70 86-CC-2378 Varelli, Cynthia 334.50 86-CC-2381 St. Elizabeth Hospital 38.50 86-CC-2382 St. Elizabeth Hospital 19.50 86-CC-2383 St. Elizabeth Hospital 19.50 86-CC-2385 Wyse, James L., D.D.S. 120.00 86-CC-2388 Maryville Academy 1,820.79 86-CC-2389 Bond Co. Health Dept. 840.00 86-CC-2391 Mt. Sinai Hospital Medical Center 17,272.32 86-CC-2399 New Zion Day Care Center 1,019.18 86-CC-2403 Phillips Petroleum 18.53 86-CC-2410 Alliance Airlines 89.25 86-CC-2413 Ebsco Subscriptions 57.21 86-CC-2416 Parkwood Dodge, Inc., formerly Nor- wood Park Dodge 835.28 86-CC-2429 Franciscan Medical Center 717.87 86-CC-2435 Lutheran Social Services of Illinois 3,207.60 86-CC-2453 Lutheran Social Services of Illinois 50.00 86-CC-2455 Galesburg Clinic 86.00 86-CC-2456 Calumet Township Youth Services 486.53 252

86-CC-2464 Carley, James A,, D.D.S. 720.00 86-CC-2465 Mini Fire Equipment 131.95 86-CC-2470 Bismarck Hotel 38.54 86-CC-2471 Bismarck Hotel 501.02 86-CC-2472 Bismarck Hotel 93.96 86-CC-2473 Carger, James, Ph.D. 400.00 86-CC-2474 Carger, James, Ph.D. 100.00 86-CC-M77 Arrow Equipment Co. 35.76 86-CC-2478 Graham, Robert Bruce 287.32 86-CC-2499 Damera, Bhaskar Rao 588.51 86-CC-2502 Dominicks Finer Foods 300.00 86-CC-2503 Rich, Jim 87.00 86-CC-2520 Mundelein College 355.00 86-CC-2526 Safety Kleen Corp. 36.50 86-CC-2527 Midwest Fence Co. 166.50 86-CC-2529 St. James Hospital 180.00 86-CC-2530 Shoss Radiology Group 65.00 86-CC-2533 National Learning Systems 4,339.00 86-CC - 2539 Lock Shop, The 224.94 86-CC-2541 Morris, Robert, College 1,500.00 86-CC-2550 Mt. Sinai Hospital Medical Center 3,100.16 86-CC-2562 GM Audio Visual Service 134.25 86-CC-2563 GM Audio Visual Service 107.81 86-CC-2567 Wang Laboratories, Inc. 17,600.00 86-CC-2581 Spoon River Scenic Drive Assoc. 197.15 86-CC-2582 Professional Services to Youth 630.00 86-CC-2591 Roland Machinery Co. 792.94 86-CC-2601 Riverside Medical Center 20.55 86-CC-2607 Flynn, Sandra A. 923.31 86-CC-2609 Beaman, Stephen D. 270.00 86-CC-2610 Medina, Alfonso J., M.D. 220.00 86-CC-2613 Copier Duplicator Specialists 55.00 86-CC-2617 Illinois Bell Telephone Co. 312.00 86-CC-2618 Hartnett & Catellani, Ltd. 105.00 86-CC-2619 Svaniga, Lora J. 193.19 86-CC-2620 Unocal 143.76 86-CC-2622 Rahman, Habibur, M.D. 630.00 86-CC-2623 Riverside Medical Center 60.00 86-CC-2624 St. John’s Hospital 4,956.25 86-CC-2700 Manpower Temporary Services 711.53 86-CC-2701 Normany Osteopathic Hospital 45.61 253

86-CC-2703 Austin Radiology 492.00 86-CC-2711 Bunge’s Tire Center 19.38 86-CC-2712 Pitney Bowes 266.18 86-CC-2716 Shover Easter Seal Rehabilitation Center 325.00 86-CC-2724 Elgin Spring Co. 231.88 86-CC-2725 McKinley Community Services 1,603.10 86-CC-2726 Copier Duplicator Specialists 60.83 86-CC-2731 Westinghouse Furniture Systems 118.77 86-CC-2732 Shah, Pravin S., M.D. 240.00 86-CC-2733 Fisher Scientific Co. 5,128.75 86-CC-2734 Holiday Inn Riverfront 395.10 86-CC-2738 Illinois Bell Telephone Co. 167.50 86-CC-2744 GFE, Inc. 63.00 86-(32-2746 Amoco Oil Co. 204.88 86-CC-2753 Ace Radiator Service 200.00 86-CC-2755 Norton Christensen, Inc. 1,125.23 86-CC-2756 Central Audio-visual 73.13 86-CC-2757 Holy Family Hospital 1,153.53 86-CC-2758 Fowler & Novick 167.13 86-CC-2760 Morgan, Carol A. 328.85 86-CC-2762 Saghafi, Behrooz 1,000.00 86-CC-2770 Swedish Covenant Hospital 743.46 86-CC-2772 National Easter Seal Society 30.00 86-CC-2774 Bowman Distribution 134.08 86-CC-2779 Montgomery Ward 20.74 86-CC-2781 Springfield Public Schools 232.50 86-CC-2783 Reese Hospital & Medical Center 3,631.08 86-CC-2790 Visiting Nurse Assn. of Chicago 168.00 86-CC-2791 Shover Easter Seal Rehabilitation Center 684.00 86-CC-2793 Illinois Bell Telephone Co. 232.96 86-CC-2794 Amoco Oil Co. 167.75 86-CC-2795 Amoco Oil Co. 67.54 86-CC-2798 Countryside Graphics 1,045.00 86-CC-2807 Austin Radiology 57.00 86-CC-2808 Modern Brake & Alignment 23.95 86-CC-2810 Reynolds Motor Co. 125.57 86-CC-2811 Reynolds Motor Co. 111.22 86-CC-2812 Curriculum Publications Clearing- house 208.00 86-CC-2815 Kotarba, Walter 39.00 86-CC-2816 Northeastern Illinois University 2,100 .oo 86-CC-2817 Capitol Group 8,298.90 86-CC-2818 Capitol Group 6,519.62 86-CC-2819 Capitol Group 819.61 86- CC-2820 Misericordia Home South 1,427.15 86-CC-2821 Misericordia Home South 65.70 86-CC-2822 Dodge, Wilbur W. 49.67 86-CC-2825 IBM 2,835.00 86-CC-2826 Chicago Medical Equipment 32.10 86-CC-2827 Cushing, Frank 50.00 86- CC-2828 Cushing, Frank 50.00 86-CC-2829 Hillsboro Hospital 292.50 86-CC-2830 K Mart 3305 199.78 86-CC-2831 National Opinion Research Center 7,084.00 86-CC-2833 United Microlabs 121.81 86-CC-2834 Springfield Hilton 2,815.48 86-CC-2836 Springfield Hilton 555.02 86-CC-2837 Springfield Hilton 264.00 86-CC-2839 Springfield Hilton 33.00 86-CC-2841 Springfield Hilton . 32.40 86-CC-2842 Springfield Hilton 22.00 86-CC-2844 Capital City Paper 222.25 86-CC-2851 Illini Supply, Inc. 2,470.62 86-CC-2852 Illini Supply, Inc. 221.44 86-CC-2853 Kamnick, Suann 60.00 86-CC-2856 Chicago Suburban Express 408.33 86-CC-2862 Murphy, Robert 145.00 86-CC-2865 Trotter, Pamela 648.00 86-CC-2866 Triangle Construction 215.00 86-CC-2867 Pinckneyville Community Hospital 1,286.85 86-CC-2868 All Suburban Dental Center 180.00 86-CC-2872 Capitol Group 6,426.34 86-CC-2873 St. John’s Hospital 217.55 86-cc-2874 Danville Area Community College 210.00 86-CC-2875 Danville Area Community College 120.00 86-CC-2876 Danville Area Community College 77.00 86-CC-2877 Danville Area Community College 77.00 86-CC-2878 Danville Area Community College 18.00 86-CC-2879 Dental Group, Ltd. 55.00 86-CC-2880 Lawrence, Joan 269.04 86-CC-2881 Eguekwe, Sunny 284.54 86-CC-2882 Alarm Detection Systems 131.91 86-CC-2883 Amoco Oil Co. 133.44 86-CC-2884 Constable Equipment Co. 3,628.00 86-CC-2885 St. Anthony’s Hospital 6,500.00 86-CC-2887 Sulivan, Thomas J. 628.00 86-CC-2889 Sandoz Nutrition Corp. 495.00 86-CC-2890 St. Coletta School 912.82 86-CC-2891 ITT Courier Terminal Systems 1,649.36 86-CC-2895 Char Management 1,639.02 86-CC-2896 YMCA of Metro Chicago 2,412.30 86-CC-2897 Vandalia Motor Sales 585.66 86-CC-2905 Attaway, Kenneth M. 86.56 86-CC-2909 Paragon Janitorial Co. 54.00 86-CC-2911 Graue Chevrolet 244.25 86-CC-2912 Graue Chevrolet 94.08 86-CC-2913 Carroll Seating Co. 2,065.00 86-CC-2916 IBM 3,339.00 86-CC-2917 Gables, Henrietta 105.00 86-CC-2922 Dolder Electric Supply 35.25 86-CC-2923 Dolder Electric Supply 25.13 86-CC-2924 McGrath Whalen Office Equipment 172.54 86-CC-2926 Gnade, Gerard R., Jr., M.D. 204.40 86-CC-2927 Gnade, Gerard R., Jr., M.D. 1,191.20 86-CC-2928 GFE, Inc. 114.00 86-CC-2929 Gnade, Gerard R., Jr., M.D. 590.20 86-CC-2930 Burnstine, Richard C., M.D. 64.00 86-CC-2932 Midwest Fence Co. 170.40 86-CC-2934 Waters, John 36.00 86-CC-2939 Midwest Fence Co. 960.74 86-CC-2940 Carroll Seating Co. 2,427.30 86-CC-2941 Purolator Courier 21.20 86-CC-2942 Neuman, Jaime L., M.D. 203.00 86-CC-2943 Yaniz, Antonio, M.D. 350.00 86-CC-2945 Continental Telephone Co. 4,687.33 86-CC-2948 ITT Courier Terminal Systems 150.00 86-CC-2954 Loschen, Earl L. 604.70 86-CC-2955 Sheridan Oil Co. 1,125.00 86-CC-2964 Brison, Claudia 505.94 86-CC-2965 Ricoh Corp. 100.00 86-CC-2967 Sanders, Edward, Jr. 194.33 256

86-CC-2968 Gillespie, Illinois 110.00 86-CC-2969 Phillips, Margot K. 192.76 86-CC-2970 Copier Duplicator Specialists 68.70 86-CC-2971 Copier Duplicator Specialists 55.00 86-CC-2973 Culligan Water Conditioning 97.50 86-CC-2974 Culligan Water Conditioning 31.20 86-CC-2976 Huang, L. I., M.D. 23.00 86-CC-2977 Chinoy, G. K. 17.70 86-CC-2980 Carter, Kevin B. 992.00 86-CC-2983 Clearing Disposal 191.17 86-CC-2984 Wang Laboratories, Inc. 2,332.46 86-CC-2985 Landreth Lumber Co. 35.54 86-CC-2986 Morimoto, Paul K., M.D. 60.00 86-CC-2999 Moline Radiology Assoc. 63.00 86-CC-3001 Wiley Office Equipment Co. 655.50 86-CC-3009 Mattice, Brian H. 225.18 86-CC-3018 Associated Anesthesiologist of Spring- field 210.00 86-CC-3019 Production Supplies, Inc. 634.90 86-CC-3022 Shah, Pravin S., M.D. 310.00 86-CC-3034 Ingalls Memorial Hospital 26.80 86-CC-3038 Phillips Petroleum 126.13 86-CC-3039 Lever Brothers 204.50 86-CC-3045 North Cicero Dodge 95.56 86-CC-3049 Wal Mart #224 128.06 86-CC-3050 Covenant Children’s Home 202.00 86-CC-3051 A-1 Photo Service 515.63 86-CC-3053 Kankakee, County of 9,000.00 86-CC-3054 Macon Cleaning 1,974.30 86-CC-3056 Bethesda Lutheran Home 305.89 86-CC-3073 Smith, Carol T. 410.32 86-CC-3074 Koziol, John Henry 121.04 86-CC-3075 Fett, Karyn J. 668.00 86-CC-3077 Clark Products Co. 332.40 86-CC-3078 Hoffmcn Co. 213.63 86-CC-3083 Roseland Community Hospital 1,886.35 86-CC-3084 Neuman, Jaime L., M.D. 90.00 86-CC-3085 Kobelt Travel Service 900.00 86-CC-3086 Bradley Supply 4,584.00 86-CC-3087 Roland Machinery Co. 480.49 86-CC-3088 Roland Machinery Go. 330.87 257

86-CC-3089 Roland Machinery Co. 289.46 86-CC-3090 Roland Machinery Co. 247.34 86-CC-3091 Roland Machinery Co. 247.34 86-CC-3092 Roland Machinery CO. 94.80 53.39 I 86-CC-3093 Roland Machinery Co. 86-CC-3094 Roland Machinery Co. 37.94 86-CC-3095 Roland Machinery Co. 23.79 86-CC-3096 Roland Machinery Co. 15.35 86-CC-3097 Roland Machinery Co. 11.35 86-CC-3098 Roland Machinery Co. 5.33 I 86-CC-3099 Working Class Uniforms 77.00 86-CC-3102 Illinois State Toll Highway Authority 25.10 86-CC-3104 Danville Pediatric Center 116.00 86-CC-3108 Family Care Services of Metro Chi- cago 11,327.37 86-CC-3109 Family Care Services of Metro Chi- cago 1,512.06 86-CC-3110 Orthopedic Assoc. of Streator 22.50 86-CC-3111 Hinckley & Schmitt 26.50 86-CC-3112 Community Service Center of North- ern Champaign Co. 150.00 86-CC-3114 Callaghan & Co. 624.00 86-CC-3117 Merrell Dow Pharmaceuticals 456.84 86-CC-3118 Peoria Association for Retarded Citi- zens 491.28 86-CC-3120 Wapella, Village of 198.00 86-CC-3121 Word Masters, Ltd. 26.00 86-CC-3147 Sears, Roebuck & CO. 50.81 86-CC-3148 Xerox Corp. 7,697.47 86-CC-3155 Xerox Corp. 370.49 86-CC-3157 Xerox Corp. 208.29 86-CC-3159 Xerox Corp. 79.03 86-CC-3160 Constable Equipment Co. 1,620.00 86-CC-3162 Constable Equipment Co. 222.00 86-CC-3163 O’Herron, Ray, Co., Inc. 1,468.19 86-CC-3164 Sangamon State University 2,478.00 86-CC-3173 Elgin Super Auto Parts 575.00 86-CC-3174 Berg, Patricia G. 214.28 86-CC-3175 Doyle Plumbing & Heating 4,705.00 86-CC-3177 Colonial Coffee Service 560.04 86-CC-3180 Pediatric Practice Plan 1,725.50 258

86-CC-3183 Wham, James B. 1,741.43 86-CC-3186 L & H Stamp Manufacturing Co. 283.50 86-CC-3189 Temporary Service, Inc. 61.25 86-CC-3190 St. Vincent Residential School 1 ,436.30 86-CC-3191 Roland Machinery Co. 13.74 86-CC-3192 Contel of Illinois ,302.65 86-CC-3193 Henson Robinson Co. 167.38 86-CC-3198 Beverly Farm Foundation 28.50 86-CC-3199 Mike & Julie’s Education Center 1,949.20 86-CC-3208 Glenwood Medical Group 99.50 86-CC-3211 Glenwood Medical Group 23.00 86-CC-3213 Schmitt Ford, Jack 111.83 86-CC-3218 Central Office Equipment 3,186.00 86-CC-3224 Tingue, Brown & Co. 361.20 86-CC-3225 Sunnyside Co. 392.99 86-CC-3226 Anand, Pramod K., M.D. 88.00 86-CC-3227 Anand, Pramod K., M.D. 21.00 86-CC-3228 Rock Falls Twp High School 72.00 86-CC-3231 Dellwood Tire & Auto Supply 240.35 86-CC-3232 Uptown Paint & Body Service 402.35 86-CC-3234 Beck’s, hc. 462.98 86-CC-3236 Community College Dist. 508 45.00 86-CC-3237 Thomas, Joy 222.91 86-CC-3238 Medical Personnel Pool 8,091.51 86-CC-3241 Werner, Peter, Dr. 345.00 86-CC-3244 Federal Signal Corp. 1,700.00 86-CC-3245 Illini Supply, Inc. 38.75 86-CC-3246 Lederle Labs 42,000.00 86-CC-3247 Exceptional Care & Training Center 403.17 86-CC-3249 St. Anthony Memorial Hospital 19.00 86-CC-3250 Human Resources Development Insti- tute 755.30 86-CC-3253 Legal Directories Publishing Co. , 49.93 86-CC-3254 Community College Dist. 508 276.00 86-CC-3255 American Industrial Supply 2,034.00 86-CC-3257 Lamberton, Linda S.; D.P. Petty Cash Fund Custodian 20.20 86-CC-3258 CPC Old Orchard Hospital 1,452.48 86-CC-3260 Stuckly, Sharon A. 115.00 86-CC-3261 Universal, Inc. 57.75 86-CC-3262 Paducah Orthopaedic Clinic 455.00 259

86-CC-3263 Coal Belt Fire Equipment 2,772.00 86-CC-3264 Coal Belt Fire Equipment * 45.50 86-CC-3265 Ambulance Service Corp. 104.00 86-CC-3266 Ambulance Service Corp. 63.00 86-CC-3267 AAA Portable Toilets 136.80 86-CC-3271 Federal Signal Corp. 1,061.31 I 86-CC-3273 Federal Signal Corp. 804.00 335.00 1 86-CC-3274 Federal Signal Corp. 86-CC-3275 Federal Signal Corp. 240.90 86-CC-3276 Federal Signal Corp. 35.40 86-CC-3277 Champaign Children’s Home 1,452.08 86-CC-3278 Illinois Electronic Business Equipment 698.68 86-CC-3279 DeVry Institute of Technology 2,924.31 86-CC-3280 Massac Memorial Hospital 3,813.05 86-CC-3281 Massac Memorial Hospital 31.00 86-CC-3283 Central Telephone Co. 59.00 86-CC-3284 National Railroad Passenger Corp. 420.00 86-CC-3285 Illinois Electronic Business Equipment 243.71 86-CC-3291 Silver Cross Hospital 1,884.64 86-CC-3292 Silver Cross Hospital 172.89 86-CC-3293 Gnade, Gerard R., Jr., M.D. 120.00 86-CC-3294 Air Wisconsin 25.20 I 86-CC-3300 D & H Truck Parts 635.84 86-CC-3301 D & H Truck Parts 218.66 86-CC-3302 Orteza, Deofil L., M.D. 82.05 86-CC-3303 Simplex Time Recorder 1,275.07 86-CC-3304 Constable Equipment Co. 331.80 86-CC-3306 McGuire’s, Inc. 679.05 86-CC-3307 Croft Motor Co. 24,941.64 86-CC-3308 Kreative Kustom Auto Body 2A4.07 86-CC-3309 Channel, Esther 570.00 86-CC-3312 Northwest Hospital 1,528.50 86-CC-3313 Beckley-Cardy Co. 67.73 86-CC-3314 Action Office Supply 594.58 86-CC-3315 Action Office Supply 318.15 86-CC-3317 Action Office Supply 38.88 86-CC-3318 Action Office Supply 22.99 86-CC-3319 Action Office Supply 363.00 86-CC-3321 Action Office Supply 87.38 86-CC-3324 Pronto Travel Agency 717.00 86-CC-33% Rehg Reporting Service 189.00 260

86-CC-3326 IBM 3,372.00 86-CC-3327 Christie Clinic 500.00 86-CC-3328 Christie Clinic 100.00 86-CC-3334 Vega International Travel Service 410.00 86-CC-3335 Vega International Travel Service 166.00 86-CC-3336 Vega International Travel Service 144.00 86-CC-3337 Mercer, Connie 493.84 86-CC-3341 Oakton Community College 153.00 86-CC-3346 Schrieber, Ray, Disposal 104.00 86-CC-3347 Dabek, Chester 1,009.30 86-CC-3350 Shidler Construction Material Co., Inc. 213.70 86-CC-3351 Federal Signal Corp. 3,794.90 86-CC-3352 Sikorski, Stephen B. 265.44 86-CC-3353 Stiff, Mary 150.00 86-CC-3356 ASC Medicar Service, Inc. 252.00 86-CC-3361 Council on Aging, Berwyn Cicero 9,035.52 86-CC-3362 American Mathematical Society 50.00 86-CC-3363 Mercy Center Health Care Services 24,708.11 86-CC-3369 Neiman Brothers 535.50 86-CC-3370 Telecommunications International 739.93 86-CC-3371 Forest Hospital 7,102.29 86-CC-3374 McDaniel, Brenda L. 929.88 86-CC-3381 Xerox Corp. 2,241.96 86-CC-3386 Xerox Corp. 49.73 86-CC-3396 HQ Printers 271.00 86-CC-3397 Federal Signal Corp. 505.55 86-CC-3400 Modern Business Systems 400.20 86-CC-3401 Modern Business Systems 27.51 86-CC-3402 Kutty, Ahamed V. P., M.D. 835.00 86-CC-3404 House of Rental 4,501.00 86-CC-3423 Illinois University Hospital 859.09 86-CC-3424 Corrections, Dept. of; Correctional Industries 493.60 86-CC-3425 Regalia Manufacturing Co. 21.60 86-CC-3428 RoYtYPe 127.20 86-CC-3433 Halper, Mitchell R., M.D. 70.50 86-CC-3436 Beatty Televisual 224.48 86-CC-3438 Kennedy School, Lt. Joseph P., Jr. 3,074.65 86-CC-3439 Lotus Development Corp. 6,291.73 86-CC-3442 Roland Machinery Co. 266.44 86-CC-3443 Roland Machinery Co. 117.00 261

86-CC-3444 Roland Machinery Co. 54.15 86-CC-3445 Roland Machinery Co. 53.30 86-CC-3450 St. Vincent School 13,050.00 86-CC-3455 McKee Door Sales & Service 168.75 86-CC-3456 Hazelton Labs 6,348.77 86-CC-3459 Barry, Mary Anne 300.00 86-CC-3462 Maywood Assoc. 161.50 86-CC-3463 Larkin Home For Children 14.54 I 86-CC-3466 Clearbrook Center 693.65 86-CC-3470 Allendale Association 7,755.87 I 86-CC-3472 Shell Oil 977.90 86-CC-3473 Shell Oil 747.27 I~ 86-CC-3474 Shell Oil 117.80 86-CC-3475 Shell Oil 94.32 86-CC-3476 Shell Oil 15.00 86-CC-3477 DiBenedetto, Catherine M. 334.00 86-CC-3478 Seeley Healthcare 750.00 86-CC-3480 El Valor Corp. 9,572.95 86-CC-3481 Moore Research, Inc. 13.44 86-CC-3485 Lutheran Social Services of Illinois 283.37 86-CC-3486 Hromeck's Court Reporters 1,159.20 86-CC-3487 Hromeck's Court Reporters 254.10 86-CC-3488 Conrin, James P., Ph.D. 130.85 86-CC-3489 Ortscheid, Ann M. 167.46 86-CC-3490 Quincy College Corp. 1,207.80 86-CC-3491 Barilla, Rosina W. 564.30 86-CC-3492 Standard Register Co. 14,131.64 86-CC-3493 Association for Individual Develop- ment 3,277.49 86-CC-3494 Hoe Supply Co. 711.63 86-CC-3501 Illinois Valley Business Equipment 843.59 86-CC-3502 Feldman, Howard W. 1,032.00 86-CC-3517 St. Therese Medical Center 38.60 86-CC-3518 St. Therese Medical Center 23.60 86-CC-3519 St. Therese Medical Center 23.60 86-CC-3520 St. Therese Medical Center 9.00 86-CC-3522 Kennedy School, Lt. Joseph P., Jr. 1,226.60 86-CC-3523 Barrington Orthopedic Spec. 55.00 86-CC-3525 Ogg, Richard Lee 225.00 86-CC-3529 Christie Clinic 304.00 I 86-CC-3530 Polk, R. L., & Co. 82.00 262

86-CC-3534 Lipschutz, Harold 123.75 86-CC-3537 Merle Pharmacies #1 845.00 86-CC-3555 Visiting Nurse Assn. of Chicago 84.00 86-CC-3559 Randall, Catherine 83.04 86-CC-3560 Massac Memorial Hospital 637.60 86-CC-3565 Gupta, Ramesh C. 19.20 86-CC-3568 Action Office Supply 357.00 86-CC-3569 Action Office Supply 39.75 86-CC-3570 Action Office Supply 162.00 86-CC-3571 Action Office Supply 62.29 86-CC-3574 Stoller, Walter, M.D. 130.00 86-CC-3576 Reuben & Proctor 733.00 87-CC-0001 American Red Cross 49.00 87-CC-0005 Martinez, Marco Antonio 232.50 87-CC-0006 Spoon River Center 799.38 87-CC-0008 Davis Truck & Auto Parts 231.00 87-CC-0010 News-Democrat 26.24 87-CC-0011 Illinois Bell Telephone Co. 271.30 87-CC-0023 Global Computer Supplies 210.75 87-CC-0026 Colorado, State of; Dept. of Law/ Central Collections 127.58 87-CC-0028 Dietz, R. E., Co. 368.31 87-CC-0030 Little Angels Nursing Home 4,184.42 87-CC-0031 Brake, Donald R., Jr. 4,200.00 87-CC-0032 Shattar Sales 952.60 87-CC-0033 Miller, Gerald I., Rev. 18.62 87-CC-0035 Gutierrez, Nestor, M.D. 76.00 87-CC-0036 Illinois, University of, Board of Trus- tees 224.00 87-CC -0039 Northeastern Illinois University 637.50 87-CC-0040 Northeastern Illinois University 347.00 87-CC-0042 St. John’s Hospital 408.70 87-CC-0043 DuPage County Educational Service Region; Berardo De Simone, Supt. 220.00 87-CC-0044 Cast International 89.04 87-CC-0050 McLean County 86.46 87-CC-0053 Blackstone Hotel 49.61 87-CC-0055 Ward, Peter A., Dr. 700.00 87-CC-0058 Milton Data Center 3,014.88 87-CC-0061 Hagen, Neil B., D.D.S. 266.00 87-CC-0063 Emsco, Ltd. 13.00 263

87-CC-0064 Emsco, Ltd. 13.65 87-CC-0065 Emsco, Ltd. 13.65 87-CC-0066 National Fire Protection Assn. 24.86 87-CC-0067 Navis, Cliff, Co. 5,010.00 87-CC-0068 Mundelein College 800.00 87-CC-0069 Chemical Waste Management 70,500.00 87-CC-0072 Budget Rent A Car 156.76 87-CC-0073 Budget Rent A Car 47.48 87-CC-0074 Comtech, Inc. 292.99 87-CC-0075 ASC Medicar Service, Inc. 326.00 87-CC-0083 Ascot Pharmaceuticals 885.17 87-CC-0084 Greenlee, Rosie 259.00 87-CC-0088 Lawson, Walter, Children’s Home 6,318.13 87-CC-0089 Nolpe; Thomas N. Jones, Executive Director 19.11 87-CC-0091 Scantron Corp. 330.20 87-CC-0093 River Oaks Chrysler Plymouth 236.04 87-CC-0094 Temple Sholom Day Care Center 463.00 87-CC-0095 Days Inn 58.30 87-CC-0101 NDC Federal Systems 1,057.50 87-CC-0102 Khan, Shagufta, M.D. 346.00 87-CC-0103 McNeil Pharmaceutical 2,420.00 87-CC-0104 Catholic Charities of Chicago 3,499.61 87-CC-0106 Richmont Hotel 44.04 87-CC-0108 St. Francis Hospital 90.00 87-CC-0112 B & A Travel Service 249.00 87-CC-0113 Holy Family Hospital 55.00 87-CC-0114 Howard Uniform Co. 1,100.00 87-CC-0118 Caldwell, Kevin L., D.D.S. 161.00 87-CC-0119 Volunteers of America of Illinois 1,112.11 87-CC-0128 West Publishing Co. 324.00 87-CC-0137 Third Microventure 115.00 87-CC-0140 Hamilton Chevrolet-Oldsmobile 62.55 87-CC-0142 Saslow Dental 64.90 87-CC-0150 Federal Signal Corp. 1,078.80 87-CC-0151 Joliet Spring, Inc. 434.25 87-CC-0152 Merkels, Inc. 422.00 87-CC-0154 Petersburg Plumbing & Heating Co. 23,906.58 87-CC-0155 Fischer Wisnosky Architects 11,018.21 87-CC-0156 Boll Painting & Decorating 4,895.00 87-CC-0157 Boll Painting & Decorating 4,704.00 264

87-CC-0158 Davis Painting 2,750.00 87-CC-0162 Lipschutz, Harold, M.D. 22.00 87-CC-0163 Midstate Machinery Co. 379.27 87-CC-0169 Broeking, L. E. 225.00 87-CC-0170 Broeking, L. E. 187.50 87-CC-0181 Xerox Corp. 786.00 87-CC-0182 Xerox Corp. 453.80 87-CC-0185 Xerox Corp. 274.81 87-CC-0188 Xerox Corp. 104.53 87-CC-0189 Xerox Corp. 77.98 87-CC-0194 Trefz, Harlan & Noreen 148.95 87-CC-0195 River Bend Community Unit Dist. #2 65.99 87-CC-0196 McCann Construction 21.60 87-CC-0197 Patterson, Edith Y. 97.28 87-CC-0199 Tandy Corp. 665.10 87-CC-0207 Jarvis Office Products 23.36 87-CC-0208 St. Elizabeth Hospital 144.60 87-CC-0221 Di-Namic Copy Corp. 48.25 87-CC-0222 Lee Data Corp. 7,954.00 87-CC-0228 Hickman, Luann 395.25 87-CC-0234 Children’s Habilitation Center, Inc. 376.79 87-CC-0235 Children’s Habilitation Center, Inc. 60.45 87-CC-0239 Illinois, University of 1,468.84 87-CC-0241 Will County 309.76 87-CC-0247 Prairie Farms Dairy 168.35 87-CC-0249 Beckley-Cardy Co. 54.32 87-CC-0250 Perkin Elmer Corp. 1,180.80 87-CC-0254 Mack, David W., M.D., S.C. 490.00 87-CC-0256 Wilson Tire Co. 39.00 87-CC-0257 Sorce, Angelo C., M.D. 24.50 87-CC-0268 Bruetman, Martin E., M.D. 25.00 87-CC-0278 Shover, Jayne, Easter Seal Rehab. Center 305.08 87-CC-0280 Gnade, Gerard R., Jr., M.D. 292.30 87-CC-0281 Gnade, Gerard R., Jr., M.D. 781.00 87-CC-0283 Gnade, Gerard R., Jr., M.D. 320.00 87-CC-0284 Gnade, Gerard R., Jr., M.D. 80.00 87-CC-0287 Metropolitan Sanitary Dist. of Greater Chicago 431.38 87-CC-0288 Metropolitan Sanitary Dist. of Greater Chicago 380.80 265

87-CC-0295 Passavant Area Hospital 92.20 87-CC-0296 University Neurosurgical Assoc. 270.00 87-CC-0305 Seville Temporary Services 699.00 87-CC-0309 Office Supply Co. 388.80 87-CC-0318 Downers Grove Chamber of Com- merce 1,600.00 87- C C -0320 Gallaudet College 361.45 87-CC-0321 Gallaudet College 292.50 87-CC-0325 Craig, Milan J. 155.00 87-CC-0326 Illini Moving & Storage, Inc. 2,962.04 87-CC-0327 Southern Illinois University 87.90 87-CC-0328 Illinois, University of, Central Stores 142.70 87-CC-0338 Bethphage Community Services 2,791.13 ! I 87-CC-0339 Bethphage Community Services 1,387.91 I 87-CC-0340 Bethphage Community Services 770.78 87-CC-0341 Bethphage Community Services 679.64 I 87-CC-0342 Bethphage Community Services 648.44 Bethphage Community Services 598.56 I 87-CC-0343 I 87-CC-0344 Bethphage Community Services 505.10 87-CC-0345 Bethphage Community Services 498.80 87-CC-0346 Bethphage Community Services 498.80 87-CC-0347 Bethphage Community Services 353.57 87-CC-0348 Bethphage Community Services 327.66 1 87-CC-0349 Bethphage Community Services 299.28 87- C C-0350 Bethphage Community Services 53.34 87-CC-0351 Bethphage Community Services 52.59 87-CC-0358 Hicks, J. Ellis 1,356.02 87-CC-0361 Ramos, Edith 94.77 87-CC-0362 Lewis, David H. 111.00 87-CC-0366 HBJ Beckley-Cardy 109.90 87-CC-0369 Chicago University Hospital 94.00 87-CC-0371 Honeywell Information Systems 83,093.25 87-CC-0372 Grant, Joanne D. 170.40 87-CC-0376 Means Services 62.88 87-CC-0383 St. James Hospital 90.00 87-CC-0386 Ragan Communications 35.52 87-CC-0388 Goldberg, Efraim 1,350.00 87-CC-0389 Dachs, Simcha 2,400.00 87-CC-0390 Thornton Motors 2,639.38 87-CC-0392 Steigerwald, Clarke A. 2,000.00 , 87-CC-0401 Memije, Romeo R., M.D. 24.50 266

87-CC-0404 Rock River Collection Agency 279.67 87-CC-0410 Carpetville 300.00 87-CC-0412 Community College Dist. 508 135.00 87-CC-0417 Lee Data Corp. 1,387.26 87-CC-0418 Lincoln Paving Co. 191.40 87-CC-0419 Fox, Josephine 190.50 87-CC-0423 Meyerhoff, Retha R. 35.00 87-CC-0427 Office Store Co. 243.50 87-CC-0428 Office Store Co. 102.00 87-CC-0430 IBM 3,500.00 87-CC-0442 Levy-Calatzer, Robert M., M.D. 400.00 87-CC-0446 St. Mary of Providence School 985.52 87-CC-0448 A T & T Consumer Sales & Service 111.65 87-CC-0449 Southern Illinois Clinic, Ltd. 75.00 87-CC-0450 Southern Illinois Clinic, Ltd. 92.00 87-CC-0456 Rockford Mass Transit Dist. 28.00 87-CC-0459 Riverside Medical Center 62.40 87-CC-0460 Standard Parking Service 150.00 87-CC-0463 Yanson, Peter 3,133.62 87-CC-0466 Hromecks, Diane, Court Reporters 66.00 87-CC-0467 Hoyleton Children’s Home 8,947.26 87-CC-0468 Hoyleton Children’s Home 1,828.96 87-CC-0470 Community College Dist. 508, Board of Trustees 79.00 87-CC-0482 Venture Stores 201.15 87-CC-0483 Venture Stores 195.92 87-CC-0484 Venture Stores 136.72 87-CC-0487 RMC, Inc. 173.20 87-CC-0491 Polainer, Edward J. 204.00 87-CC-0492 St. Joseph Hospital 630.95 87-CC-0497 Shepherds/McGraw-Hill 171.50 87-CC-0500 Marine Bank of Springfield 2,307.79 87-CC-0504 Keating, Annette M. 614.00 87-CC-0506 S & S Arts & Crafts 138.19 87-CC-0515 Hudson, Grace 90.71 87-CC-0517 Maxson, Scott F. 234.13 87-CC-0519 Shell Oil 90.46 87-CC-0520 Oberlander Communications Systems, Inc. 139.40 87-CC-0522 Barry, T. C., Electric 5,447.47 87-CC-0527 Malik, Rashidah, M.D. 27.00 ~~

267

87-CC-0529 Moore, Jennifer L. 221.00 87-CC-0531 Oxford University Press 46.69 87-CC-0533 U.S. Elevator Corp. 270.00 87-CC-0535 Clinton County Coroner, David A. Moss 443.20 87-CC-0536 Elgin Automatic Transmissions 57.54 87-CC-0539 Federal Express 71.00 87-CC-0541 Central Baptist Children’s Home 5,775.30 87-CC-0546 Continental Group, Inc. 335.70 87-CC-0547 Kaleidoscope, Inc. 8,668.85 87-CC-0548 Kaleidoscope, Inc. 6,137.98 87-CC-0549 Hermon, Manorama, M.D. 25.05 87-CC-0550 Hermon, Manorama, M.D. 40.90 87-CC-0553 Richardson, Streeter; by Ilene Lee 1,800.00 87-CC-0554 North Shore Association for Retarded Citizens 1,284.90 87-CC-0555 Cotton, Diane 3 178.87 87-CC-0556 Health Care Medical Foundation 90.00 87-CC-0559 Danville Electric Supply; Div. of Springfield Electric Supply CO. 2,088.00 87-CC-0560 Denson Shops, Inc. 189.59 87-CC-0562 Xerox Corp. 349.40 87-CC-0564 Associated Radiologists of Joliet 19.50 87-CC-0566 Murdale True Value, Inc. 2,593.88 87-CC-0567 Moore, Ella J. 877.25 87-CC-0568 Wang Laboratories, Inc. 125.00 87-CC-0571 Mid-West Autowise, Inc. 87.04 87-CC-0573 Field & Shorb Co. 120.00 87-CC-0574 Geodimeter, Inc. 790.00 87-CC-0575 Trots, Thomas 65.00 87-CC-0578 Lydia Home Assn. 1,151.96 87-CC-0581 Refrigeration Distributing CO. 1,159.98 87-CC-0586 Alexander Management 4,148.57 87-CC-0587 Ebsco Subscriptions 123.80 87-CC-0588 IBM 1,744.60 87-CC-0589 IBM 1,868.00 87-CC-0590 IBM 328.00 87-CC-0591 IBM 256.00 87-CC-0601 Beckley-Cardy Co. 254.20 87-CC-0602 Beckley-Cardy Co. 39.08 87-CC-0607 Talaga Sheet Metal Co. 705.46 268

87-CC-0608 Rampona, Douglas M., M.D. 35.00 87-CC-0609 Riddell, Margaret 60.80 87-CC-0611 211 West Wacker Drive 13,202.53 87-CC-0612 Baird, Donna 155.80 87-CC-0615 Little City Foundation 4,172.00 87-CC-0616 Little City Foundation 4,172.00 87-CC-0617 Little City Foundation 4,172.00 87-CC-0618 Little City Foundation 4,013.76 87-CC-0619 Resurrection Hospital 2,431.20 87-CC-0621 Resurrection Hospital 573.50 87-CC-0622 Resurrection Hospital 395.90 87-CC-0623 Resurrection Hospital 392.50 87-CC-0624 Resurrection Hospital 327.00 87-CC-0625 Resurrection Hospital 285.80 87-CC-0626 Resurrection Hospital 246.75 87-CC-0627 Resurrection Hospital 176.00 87-CC-0628 Resurrection Hospital o 172.50 87-CC-0629 Resurrection Hospital 130.00 87-CC-0631 Resurrection Hospital 76.65 87-CC-0632 Resurrection Hospital 75.75 87-CC-0633 Resurrection Hospital 28.75 87-CC-0639 Vega International Travel Service 78.00 87-CC-0640 Austin Radiology 15.00 87-CC-0641 Memorial Hospital 98.93 87-CC-0645 Staley Building Corp. 14,433.92 87-CC-0646 Illinois Theatre Center 1,077.40 87-CC-0647 Suburban Door Check & Lock Serv. 1,581.90 87-CC-0648 St. Mary’s Hospital, Decatur 5,098.80 87-CC-0650 Catholic Charities of Chicago 700.00 87-CC-0652 Illinois Dept. of Public Aid 12.17 87-CC-0653 Monroe Truck Equipment 637.32 87-CC-0662 Datronics Management 224.00 87-CC-0663 Albers Automotive 620.08 87-CC-0664 Zwartz, Thomas A. 150.00 87-CC-0665 Lampros, John, Assoc. 6,797.66 87-CC -0669 Tejada, F. C., M.D. 25.00 87-CC-0671 MSL Corp. 7,410.00 87-CC-0672 Duncan Supply Co. 1,809.00 87-CC-0675 Mt. Morris, Village of 617.72 87-CC-0679 Levi, Ray & Shoup 11,660.00 87-CC-0680 Hannan Supply Co. 627.76 269

87-CC-0681 IBM 939.75 87-CC-0683 IBM 430.74 87-CC-0684 IBM 90.00 87-CC-0685 IBM 18.90 87-CC-0687 Weiss Memorial Hospital 145.00 87-CC-0688 Illinois Bell Communications 650.00 87-CC-0689 Lawyers C-Op Publishing 1,457.60 87-CC-0691 Hancock County Recorder 18.00 87-CC-0692 Schuler, John, Psy. D. 250.00 87-CC-0693 Farmer, Rosalie 500.00 87-CC-0694 Pana Iron Store 83.82 87-CC-0698 Austin Radiology Assoc. 63.70 87-CC-0699 Science Research Assoc. 1,255.00 87-CC-0700 Randell, Daniel 490.52 87-CC-0703 Henricksen & Co. 3,963.90 87-CC-0704 American White Goods Co. 288.00 87-CC-0705 K-Mart Corp. 201.26 87-CC-0706 Flaghouse, Inc. 199.00 87-CC-0707 Community College Dist. 508 431.00 87-CC-0708 Community College Dist. 508 342.00 87-CC-0709 Community College Dist. 508 365.00 87-CC-0710 Community College Dist. 508 296.00 87-CC-0711 Community College Dist. 508 227.00 87-CC-0712 Community College Dist. 508 158.00 87-CC-0713 Community College Dist. 508 158.00 87-CC-0714 Community College Dist. 508 69.00 87-CC-0715 Midland International 108,041.46 87-CC-0717 Wiley Office Equipment Co. 2,520.00 87-CC-0718 Stark, Barbara 19.65 87-CC-0720 IBM 380.50 87-CC-0721 Children’s Habilitation Center 539.26 87-CC-0723 Aid to Retarded Citizens, Inc. 5,270.98 87-CC-0724 Aid to Retarded Citizens, Inc. 130.60 87-CC-0725 Illinois Bell Telephone Co. 2,754.84 87-CC-0726 Illinois Bell Telephone Co. 2.41.86 87-CC-0728 Howard Johnson Lodge 32.70 87-CC-0730 Cragin Dept. Store 301.81 87-CC-0732 Miller, Charles W. 780.00 87-CC-0739 Resurrection Hospital 3,320.15 87-CC-0740 Resurrection Hospital 484.55 87-CC-0741 Resurrection Hospital 214.00 270

87-CC-0744 Prater, Elaine 55.48 87-CC-0745 IBM 3,613.38 87-CC-0746 IBM 766.00 87-CC-0747 Monroe Truck Equipment 4,745.15

87-CC-0753 Neenah Foundry , 880.00 87-CC-0754 Riverside Medical Center 100.00 87-CC-0755 U.S. Geological Survey 75.00 8702-0757 Flowers, Mable 412.39 87-CC-0760 Morris, Marjorie 147.97 87-CC-0762 Northeastern Illinois University 690.00 87-CC-0763 Northeastern Illinois University 437.00 87-CC-0764 Northeastern Illinois University , , 458.50 87-CC-0766 Northeastern Illinois University 276.00 87-CC-0767 Northeastern Illinois University 691.50 87-CC-0768 Northeastern Illinois University 409.50 87-CC-0770 Effingham Builders Supply 997.75 87-CC-0771 Field & Shorb Co. 140.40 87-CC-0772 Phillips 66 Go. 148.79 87-CC-0773 Phillips 66 Co. 8.42 87-CC-0774 Joliet Junior College 180.00 87-CC-0776 Chanen’s, Inc. 1,680.00 87-CC-0777 Eastern Illinois University 400.00 87-CC-0778 Amlings Flowerland 22.98 87-CC-0779 Gateway Motor Inn, Inc. 32.10 87-CC-0785 Warning Lites of Illinois 10,166.00 87-CC-0787 Moore, James C., M.D. 165.00 87-CC-0788 Moore, James C., M.D. 150.00 87-CC-0789 Logan, John A., College 336.06 87-CC-0792 Wang Laboratories, Inc. 2,772.00 87-CC-0793 Igini, John P., M.D. 4,505.00 87-CC-0794 Kantamneni, S., M.D. 8.00 87-CC-0795 St. Therese Medical Center 30.00 87-CC-0797 Illinois, University of, Board of Trus- tees 1,170.00 87-CC-0799 Carasso, Ben, M.D. 31 1.00 87-CC-0800 Illinois Bell Telephone Co. 194.81 87-CC-0801 Illinois Bell Telephone Co. 172.24 87-CC-0802 Community Home Environment for Learning Project 305.00 87-CC-0804 Orthopedic Assoc. of Streator 58.00 87-CC-0805 Worm, Hollis D. 886.40 271

87-CC-0808 Concurrent Computer Corp. 2,010.50 87-CC-0809 Price, Gary R. 64.22 87-CC;OSlO Transport Mobile Cleaning 280.00 87-CC-0811 Bennett, Robert R. 590.00 87-CC-0813 Carroll Seating Co. 725.50 87-CC-08% Richards & Stehman 426.60 87-CC-0825 Valcom Computer Center 980.00 87-CC-0828 Integrated Business Systems 6,660.00 87-CC-0829 Volunteer Services of Iroquois CO. 318.00 87-CC-0830 Patten Tractor & Equipment Co. 237.12 87-CC-0831 Danmar Products, Inc. 97.60 87-CC-0832 Northern Illinois Gas CO. 12,419.68 87-CC-0836 Palos Neuropsychiatric Institute 22.50 87-CC-0837 Pitney Bowes 563.75 87-CC-0839 Allsteel, Inc. 319.53 87-CC-0840 IBM 1,074.32 87-CC-OS41 Monroe Truck Equipment 41,551.00 87-CC-0842 Massac Memorial Hospital 5,137.40 87-CC-0843 Massac Memorial Hospital 2,586.83 87-CC-0844 Massac Memorial Hospital 64.35 87-CC-0845 Massac Memorial Hospital 59.25 87-CC-0846 Massac Memorial Hospital 51.50 87-CC-0847 Massac Memorial Hospital ' 40.50 87-CC-OM8 Massac Memorial Hospital 39.00 87-CC-0849 Massac Memorial Hospital 37.00 87-CC-0850 Massac Memorial Hospital 32.75 87-CC-0851 Massac Memorial Hospital 32.75 87-CC-0852 Massac Memorial Hospital 32.00 87-CC-0853 Massac Memorial Hospital 27.60 87-CC-0854 Massac Memorial Hospital 23.00 87-CC-0855 Massac Memorial Hospital 23.00 87-CC-0856 Massac Memorial Hospital 20.25 87-CC- 0857 Massac Memorial Hospital 15.00 87-CC-0858 Massac Memorial Hospital 14.00 87-CC-0859 Massac Memorial Hospital 12.00 87-CC-0860 Massac Memorial Hospital 11.00 87-CC-0861 Massac Memorial Hospital 11.00 87-CC-0862 Massac Memorial Hospital 7.00 87-CC-0863 Massac Memorial Hospital 6.25 87-CC-0868 Patterson, Lisa 0. 500.00 87-CC-0869 Riley, Susan M. 123.29 272

87-CC-0870 IBM 777.55 87-CC-0873 Armitage Hardware 190.50 87-CC-0880 Roulas Associates Architects 2,177.87 87-CC-0881 Tenney Sales, Inc. 1,783.50 87-CC-0882 Integrated Development & Manufac- turing Co. 28,775.00 87-CC-0883 Community College Dist. 508, Board of Trustees 250.00 87-CC-0884 Community College Dist. 508, Board of Trustees 204.00 87-CC-0885 Community College Dist. 508, Board of Trustees 148.00 87-CC-0886 Safety Kleen Corp. 211.50 87-CC-0887 Lincoln College 1,425.00 87-CC-0895 Phillips 66 Co. 35.32 87-CC-0896 Carter, Henry Lee 82.65 87-CC-0897 Gliottoni, John, Jr. 3,036.78 87-CC-0899 Howard Johnson Lodge 32.70 87-CC-0900 Lewis University 712.50 87-CC-0901 Austin Radiology Assoc. 395.00 87-CC-0902 American Bar Association 32.00 87-CC-0910 Van De Walle, Kristy L. 221.00 87-CC-0912 Friend and Associates Consultants 427.50 87-CC-0915 American White Goods Co. 1,598.17 87-CC-0917 Kankakee Community College 2,324.84 87-CC-0918 Scott Emergency Medical 468.00 87-CC-0919 ELLR Consultants 472.50 87-CC-0920 Malloy, Kenneth J. 686.67 87-CC-0923 Office Store Co. 19.00 87-CC-0926 McGuire Reporting Service 435.10 87-CC-0927 McGuire Reporting Service 532.20 87-CC-0929 McGuire Reporting Service 40.00 87- CC-0931 McGuire Reporting Service 40.00 87-CC-0932 McGuire Reporting Service 32.50 87-CC-0934 McGuire Reporting Service 82.80 87-CC-0935 McGuire Reporting Service 50.00 87-CC-0937 McGuire Reporting Service 870.30 87-CC-0938 McGuire Reporting Service 50.35 87-CC-0945 McGuire Reporting Service 274.05 87-CC-0947 Sorling, Northrup, Hanna, Cullen & Cochran 3,038.88 273

87-CC-0948 Martin Implement Sales 112.45 87-CC-0949 Bennett, Charlestine 64.81 87-CC-0950 City Lighting Products CO. 1,150.20 87-CC-0952 Stevens, John N. 1,013.00 87-CC-0963 Kantamneni, S., M.D. 8.00 87-CC-0965 Clausen Hardware 1,871.52 87-CC-0966 St. James Hospital Medical Center 3,395.65 87-CC-0967 American Computer Supply 320.12 87-CC-0969 Kohn, William 122.39 87-CC-0972 Wiggins, Jeff A. 99.00 87-CC-0973 Williams, Sylvia 45.00 87-CC-0977 McCullagh Leasing 556.37 87-CC-0979 Carraway, Victor Lamont 825.00 87-CC-0981 IBM 3,107.67 87-CC-0982 Corrections, Dept. of; Illinois Correctional industries 4,666.08 87-CC-0983 Corrections, Dept. of; Illinois Correctional

Industries ' 130.50 87-CC-0986 Cadillac Glass Co. 3,187.60 87-CC-0989 Monroe Systems for Business, Inc. 1,984.19 87-CC-0993 Dec-Art Designs, Inc. 222.60 87-CC-0994 Chanen's, Inc. 1,616.25 87-CC-0996 Bertocchi Plumbing, Inc. 22,910.15 87-CC-0998 St. Elizabeth Hospital 24.00 87-CC-1001 Stagg, Brian 1,375.00 87-CC-1002 Bergquist, Peter 1,200.00 87-CC-1003 Stiles, Eric A. 900.00 87-CC-1004 Jerne-Duffy, Jacqueline 900.00 87-CC-1005 Meyer, Sheryl A. 750.00 87-CC-1006 Adams, Darlene 640.00 87-CC-1008 Carroll Seating Co. 1,288.00 87-CC-1009 Kincaid, Norma F. 826.17 87-CC-1011 Taylor Rental Center 223.00 87-CC-1012 Gs R Plumbing & Heating, Inc. 1,583.28 87-CC-1016 Weller's Farm Fresh 353.05 87-CC-1018 Faith Products Corp. 5,790.00 87-CC-1019 Dias, Luciano, M.D. 84.00 87-CC-1023 Sky Harbor Inn 66.00 87-CC-1024 Lake View Ford-Mercury 245.79 87-CC-1025 Southern Illinoisan Newspaper 143.50 87-CC-1026 Johnson, Dale R. 780.00 274

87-CC-1027 Gallo, Mario M., Dr. 250.00 87-CC-1030 Flagg Construction Co. 7,068.00 87-CC-1031 Gnade, Gerard R., Jr., M.D. 104.00 87-CC-1032 Gnade, Gerard R., Jr., M.D. 30.50 87-CC-1034 Ingalls Memorial Hospital 925.15 87-CC-1035 St. Mary’s Hospital 34.00 87-CC-1036 Gnade, Gerard R., Jr., M.D. 1,804.65 87-CC-1037 Columbia Books, Inc. 58.00 87-CC-1038 Koty, Eileen 210.00 87-CC-1039 Northside International, Inc. 83.63 87-CC-1040 Northside International, Inc. 61.23 87-CC-1047 Union Roofing Co., Inc. 6,650.64 87-CC-1048 Giuffre Buick, Inc. 17.50 87-CC-1049 Schultz, Joy 650.00 87-CC-1051 Order From Horder 19.96 87-CC-1052 St. Elizabeth’s Hospital 340.20 87-CC-1053 Elliott Dist. Co. 28,200.00 87-CC-1054 Beckley-Cardy Co. 86.03 87-CC-1057 Nomura, Roy, M.D. 1,229.50 87-CC-1058 St. Therese Medical Center 52.00 87-CC-1059 St. Therese Medical Center 39.60 87-CC-1060 St. Therese Medical Center 16.80 87-CC-1061 Howard Johnson Motor Lodge 31.80 87-CC-1064 Pavlik, Edward J., D.D.S. 130.00 87-CC-1065 DeSoto Grade School Dist. #86 200.00 87-CC-1066 Specialized Medical Imaging 200.00 87-CC-1067 Phillips 66 Co. 81.51 87-CC-1068 Curtin Matheson Scientific 310.15 87-CC-1069 Global Equipment Co. 4,989.60 87-CC-1070 Amoco Oil Co. 298.45 87-CC-1071 Amoco Oil Co. 80.37 87-CC-1072 Amoco Oil Co. 26.89 87-CC-1074 Lincoln Square Electrical Supply Co. 948.55 87-CC-1075 Office Supply Co. 895.00 87-CC-1076 Smithkline Bio-Science Lab 39.50 87-CC-1077 Family Care Services 100.00 87-CC-1083 Stewart Oil Co. 431.20 87-CC-1084 Tomb, James M. 497.80 87-CC-1086 Ponderosa Motor Inn 110.40 87-CC-1087 Southworth, Mike 478.30 87-CC-1088 Chanen’s, Inc. 6,786.00 275

87-CC-1089 Chanen’s, Inc. 3,189.60 87-CC-1090 Chanen’s, Inc. 2,414.45 87-CC-1091 Chanen’s, Inc. 1,512.50 87-CC-1092 Chanen’s, Inc. 133.80 87-CC-1093 Chanen’s, Inc. 36.00 87-CC-1094 Helfrich, H. M. 375.84 87-CC-1097 Chanen’s, Inc. 1,680.00 87-CC-1098 Thornton Community College 410.18 87-CC-1099 Quad City Radiologists 406.50 87-CC-1101 Sears, Roebuck & Co. 615.22 87-CC-1103 Domtar Industries, Inc. 870.41 87-CC-1104 Standard Electric Time Corp. 1,229.00 87-CC-1106 Wang Labs 4,205.46 87-CC-1107 Community College Dist. 508, Board of Trustees 27,824.00 87-CC-1108 Community College Dist. 508, Board of Trustees 319.00 87-CC-1109 Community College Dist. 508, Board of Trustees 319.00 87-CC-1110 Community College Dist. 508, Board of Trustees 148.00 87-CC-ll ll Illini Supply, Inc. 47.24 87-CC-1112 Central Corridor Communications 28.00 87-CC-1113 Resurrection Hospital 2,510.20 87-CC-1115 Mid Continent Pipe & Supply Co., Inc. 1,522.25 87-CC-1116 Valcom Computer Center 322.20 I 87-CC-1118 Fechheimer Brothers Co. 715.00 87-CC-1120 D & B Computing Services, Inc. 300.00 87-CC-1121 Marc Plaza Hotel 163.17 87-CC-1123 Engle and Co. 77.96 87-CC-1124 Rahamn, Aziz, Dr. 150.00 87-CC-1125 Desk & Door Nameplate Co. 197.25 87-CC-1126 Wertz Alignment, Inc. 155.00 87-CC-1127 Design Furniture & Systems of Illinois 50.03 87-CC-1128 Colley Elevator Co. 1,015.00 87-CC-1130 Williams, Linda L. 18.00 87-CC-1134 Warren Chevrolet 80.69 87-CC-1140 Finkel, Donald C. 469.00 87-CC-1142 Springfield Van & Storage Co. . 83.50 87-CC-1144 St. John’s Hospital 327.08 87-CC-1145 Midland Area Agency on Aging 260.00 276

87-CC-1146 Riverside Medical Center 387.20 87-CC-1149 Alton YWCA 413.64 87-CC-1150 Zanetti, Claude L., M.D. 1,185.00 87-CC-1151 Micro Croup, Inc. 340.00 87-CC-1152 Merkels, Inc. 24.90 87-CC-1154 Federal Express, Revenue Recovery Dept. 25.00 87-CC-1155 Rock Island County Health Dept. 555.91 87-CC-1156 Denard, Gladys 525.54 87-CC-1157 Community College Dist. 508, Board of Trustees 158.00 87-CC-1160 Safety Kleen Corp. 56.00 87-CC-1162 Leslie, Roy 354.44 87-CC-1167 Craft & Loesch 16,619.89 87-CC-1169 Gordon, Colette, M.D. 45 .OO 87-CC-1170 Keister’s, Inc. 27.84 87-CC- 1171 W. F. Industries 120.00 87-CC-1172 W. F. Industries 1,170.50 87-CC-1173 International Salt Co. 569.76 87-CC-1174 Community College Dist. 508, Board of Trustees 79.00 87-CC-1176 Riverside Medical Center 98.05 87-CC-1177 Venture Stores 201.19 87-CC-1178 American Academic Suppliers 447.66 87-CC-1179 Small World Children’s Center 480.00 87-CC-1181 Consultants in Neurology, Ltd. 60.80 87-CC-1182 Consultants in Neurology, Ltd. 450.00 87-CC-1186 Community College Dist. 508, Board of Trustees 158.00 87-CC-1192 VWR Scientific 800.20 87-CC- 1193 Child Sexual Abuse Treatment & Training Center of Illinois 584.33 87-CC-1201 Ushman Communications Co. 29.95 87-CC-1202 Howard Johnson Motor Lodge 31.80 87-CC-1203 Ahasic, Gary L., D.M.D. 438.00 87-CC- 1207 Haymon, Anna 83.45 87-CC-1208 Pitney Bowes 135.88 87-CC-1209 Pitney Bowes 83.50 87-CC-1210 Simmons, Jill 278.00 87-CC-1211 Energy Absorption Systems, Inc. 17,661.91 87-CC-1212 Rock, Ken, Community Center 154.00 87-CC-1213 Illinois Correctional Industries 1,215.00 i 277

87-CC-1214 Fechheimer Brothers CO. 3,228.80 87-CC-1215 Rustman Bus Sales, Inc. 158,250.00 ! 87-CC-1217 Slack, Mrs. Delois 202.00 87-CC-1218 McConnell, Carol P. 17.00 87-CC-1220 Lake Land College 40,329.51 87-CC-1222 Montgomery Ward 465.21 I 87-CC-1223 Montgomery Ward 296.72 i 87-CC-1224 OBryant, Ann 352.87 I 87-CC-1227 Edward, John, Construction Co. 5,930.72 i 87-CC-1231 Children’s Home & Aid Society of Illinois 24,031.90 I 87-CC-1232 Digital Equipment Corp. 6,560.00 87-CC-1234 Pitney Bowes 95.00 I 87-CC-1235 Geiser, John, Dr. 50.58 I 87-CC-1237 Koffler Sales 105.24 400.00 I 87-CC-1238 McCracken, John E., M.D. I 87-CC-1239 Pleasure Driveway and Park Dist. of Peoria 441.00 I 87-CC-1246 Bergen Construction Co. 3,565.00 I I 87-CC-1247 Correction, Dept. of; Illinois Correctional Industries 410.61 ~ 87-CC-1248 Massac Memorial Hospital 41.00 87-CC-1249 Massac Memorial Hospital 170.05 87-CC-1250 Massac Memorial Hospital 164.50 87-CC-1251 Massac Memorial Hospital 54.00 87-CC-1252 IBM 228.00 87-CC-1253 IBM 289.89 87-CC-1255 Fountain Bluff Fish Farm 480.00 87-CC-1258 Thonet Industries, Inc. 500.25 87-CC-1259 Dental Arts Laboratory, Inc. 155.00 87-CC-1260 Universal Home Health d/b/a/ Quality Care 679.80 87-CC-1262 Illinois Bell Telephone Co. 452.96 87-CC-1263 Illinois Bell Telephone Co. 187.15 87-CC-1267 Stickney Public Health District 2,005.74 87-CC-1268 Hohulin Brothers Fence Co. 6.60 87-CC-1270 Blue Island Radiology Consultants, S.C. 54.00 87-CC-1271 Blue Island Radiology Consultants, S.C. 13.00 87-CC-1273 Kellner, M. J., Co. 77.04 87-CC-1274 Kellner, M. J., Co. 109.80 87-CC-1275 Kellner, M. J., Co. 251.94 87-CC-1276 Kellner, M. J., Co. 383.00 87-CC-1277 Kellner, M. J., Co. 682.28 87-CC-1278 Kellner, M. J., Co. 4,708.86 278

87-CC-1279 Heidelberg Eastern, Inc. 690.12 87-CC-1280 Orthopedic Associates of Kankakee 68.00 87-CC-1282 Bond County Health Department 60.00 87-CC-1283 McCorkle Court Reporters, Inc. 58.00 87-CC-1284 McCorkle Court Reporters, Inc. 348.00 87-CC-1285 McCorkle Court Reporters, Inc. 48.50 87-CC-1286 McCorkle Court Reporters, Inc. 78.75 87-CC-1294 McCorkle Court Reporters, Inc. 2,062.60 87-CC-1295 Garcia, Maria C. 545.30 87-CC-1296 Medical Arts Clinic of Dixon 2,852.75 87-CC-1297 Ryder Truck Rental, Inc. 4,271.84 87-CC-1310 Community Care Systems, Inc. 52.92 87-CC-1311 Community Care Systems, Inc. 248.00 87-CC-1312 Community Care Systems, Inc. 284.70 87-CC-1314 Community Care Systems, Inc. 552.00 87-CC-1315 Community Care Systems, Inc. 2,929.08 87-CC-1323 Hamilton Protective Coatings, Inc. 46.25 87-CC-1326 Western Illinois University 2,080.94 87-CC-1327 Directions Metropolitan, Inc. 2,211.21 87-CC-1328 Hewlett-Packard 60.00 87-CC-1333 Cardinal Glass Co. 248.50 87-CC-1335 Kaplan, Sidney J., M.D., S.C. 33.61 87-CC-1336 Kaplan, Sidney J., M.D., S.C. 16.24 87-CC-1337 Kaplan, Sidney J., M.D., S.C. 8.61 87-CC-1338 Liberty Advertising Agency, Inc. 806.76 87-CC-1339 Browning, Karen Susan, M.S.W. 245.00 87-CC-1340 Liberty Advertising Agency, Inc. 2,882.76 87-CC-1341 Liberty Advertising Agency, Inc. 806.76 87-CC-1347 Lakeside Coast to Coast 118.21 87-CC-1348 Illini Supply, Inc. 40.22 87-CC-1352 Nendels Motor Inn 38.15 87-CC-1353 South Suburban Hospital 132.40 87-CC-1354 South Suburban Hospital 3,650.65 87-CC-1355 Main Street Motel, Ltd. 278.80 87-CC-1356 Montgomery Ward 141.00 87-CC-1357 Montgomery Ward 786.78 87-CC-1358 Hange, Patricia 132.00 87-CC-1359 Scott, John M., Center 2,254.72 87-CC-1360 Universal Home Health d/b/a Quality Care 535.50 87-CC-1361 Price, Eddie 188.63 87-CC-1363 Young, Jerome B. 190.00 279

87-CC-1365 Universal Home Health d/b/a Quality Care 22.20 87-CC-1367 Kaplan, Gail, Ph.D. & Assoc. 300.70 87-CC-1369 Southern Illinois University School of Medi- cine 92.00 87-CC-1370 Goudy, Wm. C., Elementary School 21.85 87-CC-1373 Theraplay Institute 975.00 87-CC-1374 Excelsior Youth Centers, Inc. 1,600.00 87-CC-1376 Barr, Alma 0. 959.48 87-CC-1378 LaSalle National Bank 250.00 87-CC-1381 Chaddock 3,478.00 87-CC-1382 Gannon, Michael, D.D.S. 700.00 87-CC-1385 Moraine Valley Community College 42,103.51 87-CC-1386 Gupta, Raj, M.D. 200.00 87-CC-1387 McCorkle Court Reporters, Inc. 212.50 87-CC-1389 McCorkle Court Reporters, Inc. 115.40 87-CC-1390 McCorkle Court Reporters, Inc. 58.00 87-CC-1392 McCorkle Court Reporters, Inc. 121.25 87-CC-1396 McCorkle Court Reporters, Inc. 134.60 87-CC-1401 Howard Uniform Co. 77.60 87-CC-1403 Graybar Electric Co. 1,589.00 87-CC-1404 Illinois Electronic Business Equipment 1,842.00 87-CC-1405 Crawford Memorial Home Health Agency 386.16 87-CC-1406 Universal Home Health d/b/a Quality Care 38.85 87-CC-1409 Western Illinois University 10,379.70 87-CC-1410 Pitney Bowes 534.50 87-CC-1411 Universal Home Health d/b/a Quality Care 352.80 87-CC-1414 Universal Home Health d/b/a Quality Care 133.20 87-CC-1418 Ideal Alarm & Signal Co. 84.00 87-CC-1423 Peoria Urological Assoc., Inc. 400.00 87-CC-1425 St. John’s Hospital 146.22 87-CC-1426 City Lighting Products Co. a8.52 87-CC-1427 Healy, Michael T. 163.85 87-CC-1428 Pronto Travel Agency 89.00 87-CC-1429 Pronto Travel Agency 370.00 87-CC-1430 Flagg Construction Co. 6,876.42 87-CC-1434 D.S.I. Micro, Inc. 162.00 87-CC-1435 Lin, Kang-Yann, M.D. 228.00 87-CC-1438 White, Arthur 413.13 87-CC-1439 Al-Misry, Isa Abd 900.00 87-CC-1441 O’Connor, Greg 401.44 87-CC-1483 Galena-Jo Daviess County History Museum 1,461.60 280

87-CC-1484 Galena-Jo Daviess County History Museum 1,104.00 87-CC-1485 Egyptian Concrete Co. 16,532.50 87-CC-1486 Egyptian Concrete Co. 15,376.00 87-CC-1487 Rogers, Robert K. 52.75 87-CC-1489 Prussing, Laurel Lunt 68.60 87-CC-1490 Batavia Concrete, Inc. 1,081.50 87-CC-1491 Rincker, Ruth 240.00 87-CC-1492 Builders Plumbing Supply Co. 138.00 87-CC-1495 Turpin Motors, Inc. 33.00 87-CC-1496 Keen, Walterine 55.00 87-CC-1497 Simpson, Gregory G. 503.00 87-CC - 1498 St. Mary’s Hospital 1,995.10 87-CC-1499 Thonet Industries, Inc. 15,530.00 87-CC-1501 HNU Systems, Inc. 507.41 87-CC-1511 DuPage County Youth Home 630.00 87-CC-1512 Pitney Bowes 429.75 87-CC-1513 Cannonball, Inc. 139.45 87-CC-1514 Ramada Inn 457.80 87-CC-1515 Johnson, Terry 1,261.77 87-CC-1520 General Electric Supply Co. 307.65 87-CC-1528 Wilson, Donna R. 200.00 87-CC-1536 McCorkle Court Reporters, Inc. 101.35 87-CC-1537 McCorkle Court Reporters, Inc. 99.75 87-CC-1546 Soderstrom Dermatology Center, S.C. 52.30 87-CC-1547 Soderstrom Dermatology Center, S.C. 58.00 87-CC-1548 Soderstrom Dermatology Center, S.C. 14.35 87-CC-1550 Bethany Home 100.00 87-CC-1552 Smith, Kenneth A. 64.50 87-CC-1553 Covenant Children’s Home & Family Ser- vices 1,539.18 87-CC-1556 Illinois Dept. of Public Aid 14.04 87-CC-1579 Soderstrom Dermatology Center, S.C. 52.30 87-CC-1580 Soderstrom Dermatology Center, S.C. 91.00 87-CC-1585 Contel Business Systems, Inc. d/b/a Contel Executone 166.68 87-CC-1587 Omnifax 346.00 87-CC-1588 Omnifax 314.50 87-CC-1589 Omnifax 244.50 87-CC-1590 St. Therese Medical Center 99.40 87-CC-1591 Howard Johnson Motor Lodge 100.00 87-CC-1594 Howard Johnson Motor Lodge 63.80 281

87-CC-1597 Howard Johnson Motor Lodge 31.90 87-CC-1598 Howard Johnson Motor Lodge 31.90 87-CC-1600 Miceli, Linda M. 300.00 87-CC-1603 Hisek, Jeannette 21.00 87-CC-1604 Three Sisters 198.02 87-CC-1608 Scott, Evelyn 268.24 87-CC-1609 Welding Industrial Supply Co. 24.75 87-CC-1610 Illini Union Bookstore 306.01 87-CC-1611 Fleming, J. Robert, D.D.S. 80.00 87-CC-1612 Eichenauer Services, Inc. 92.88 87-CC-1613 Segrist, James E., M.D. 450.00 87-CC-1614 Segrist, James E., M.D. 150.00 87-CC-1615 Kenzal, Larry 200.00 87-CC-1617 Lugo, Robert 82.00 87-CC-1618 Lugo, Robert 82.00 87-CC-1619 Haralampopoulos, Anastasia 300.00 87-CC-1620 Montgomery Elevator Co., Inc. 117.08 87-CC-1621 Cavett Pharmacy 234.84 87-CC-1622 Moore, Sumner D. 99.00 87-CC-1623 Manpower 221.09 87-CC-1632 Carle Clinic Assn. 62.00 87-CC-1636 Northeastern Illinois University 148.50 87-CC-1642 Sparkling Spring Water Co. 43.35 87-CC-1643 Illini Power Products 42.55 87-CC-1644 Waukegan Welding Supply 21.00 87-CC-1645 Uselton Oil Co. 74.23 87-CC-1646 Reliance Elevator Co. 6,722 .OO 87-CC-1647 Graybar Electric Co. 2,352.00 87-CC-1648 Mead Johnson & Co. 69.12 87-CC-1650 Glenkirk 2,306.60 87-CC-1651 Glenkirk 832.80 87-CC-1652 Larkin Home For Children 334.90 87-CC-1653 Stacoswitch 814.25 87-CC-1654 Honeywell Information Systems 31,923.00 87-CC-1658 Word Technology Systems, Inc. 68.00 87-CC-1661 Criswell, Chris T. 157.50 87-CC-1664 Laboratory & Pathology Physicians 4,692.50 87-CC-1668 Wang Laboratories, Inc. 701.27 87-CC-1669 Crumpler Cartage Co. 55.46 87-CC-1670 Eubank, Carwin 450.00 87-CC-1675 Roberts Frame & Axle Service 666.80 282

87-CC-1676 Moore, Sumner D. 500.00 87-CC-1677 Knoll, Linda S. 27.66 87-CC-1687 Structural Rubber Products Co. 29,696.48 87-CC-1689 Avant-Garde Computing, Inc. 714.28 87-CC-1690 Woodhaven Learning Center 342.72 87-CC-1691 NAPA Auto Supply 76.35 87-CC-1695 Prismo Safety Corp. 36.92 87432-1696 Connolly, Stephen J. 617.50 87-CC-1697 West Publishing Co. 174.50 87-CC-1699 Kelly Services, Inc. 504.00 87-CC- 1700 Iroquois Memorial Hospital 28 .OO 87-CC- 1702 Action Office Supply 205.50 87-CC-1703 Johnson, James J. 79.00 87-CC-1704 University Microfilms International 238.27 87-CC-1708 Sriratana, Pramern 50.00 87-CC-1709 Office Supply Co. 96.85 87-CC-1712 Stocks, Inc. 12,023.20 87-CC-1717 Elim Christian School 2,977.60 87-CC-1718 Elim Christian School 915.24 87-CC-1719 Community College Dist. 511, Board of Trustees, Rock Valley College 25,147.06 87-CC-1720 Joliet Surgery & Health Care 24.00 87-CC-1721 Bass, Richard M., M.D. 1,102.00 87-CC-1722 Leiter, Leiter & Sahn 250.00 87-CC-1727 Skokie Valley Hospital 132.00 87-CC-1729 Carreira, Rafael, M.D. 100.00 87-CC-1734 Illinois Correctional Industries 705.00 87-CC-1737 Harris Corp. NAD 1,195.00 87-CC-1743 Xerox Corp. 390.00 87-CC-1745 Ramada Renaissance Hotel 150.00 87-CC-1746 Ramada Renaissance Hotel 71.50 87-CC-1749 Community College Dist. 508 296.00 87-CC-1750 Lydia Home Assn. 584.78 87-CC-1751 Montgomery Ward 121.68 87-CC-1754 St. Elizabeth Medical Center 259.50 87-CC-1755 St. Elizabeth Medical Center 259.50 87-CC-1757 St. Elizabeth Medical Center 76.70 87-CC-1761 Illinois Wesleyan University 4,800.00 87-CC-1762 Graham, Ray, Assn. 745.25 87-CC-1763 Clanon, T.L., M.D. 11,771.72 87-CC-1764 Montgomery Ward 478.12 ~~

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87-CC-1765 Globe Glass & Mirror 529.15 87-CC-1779 Monahan, James P., M.D. 35.00 87-CC-1780 Monahan, James P., M.D. 100.00 87-CC-1781 Respond First Aid Systems 59.15 87-CC-1784 Oconomowoc Developmental Training Cen. ter 425.00 87-CC-1785 St. James Hospital Medical Center 7,831.55 87-CC-1786 Rocal, Inc. 21,333.27 87-CC-1787 Creative Travel Center 516.54 87-CC-1788 Nelligan, John J. 138.50 87-CC-1789 Karoll’s, Inc. 52,494.14 87-CC-1790 Community Care Systems, Inc. 237.00 87-CC-1791 Community Care Systems, Inc. 110.00 87-CC-1798 Illini Supply, Inc. 47.29 87-CC-1801 Hotel Pere Marquette 324.50 87-CC-1802 Kumar, Nada 267.63 87-CC-1804 Portable Sanitation Systems 180.00 87-CC-1808 Montgomery Elevator Co., Inc. 120.95 87-CC-1809 Plasmier, Lee, Dr. 25.00 87-CC-1811 Brahler Tire Mart 16.95 87-CC-1829 Wiley Office Equipment Co. 5,598.60 87-CC-1830 Wiley Office Equipment Co. 3,602.94 87-CC-1831 Wiley Office Equipment CO. 395.00 87-CC-1832 Tekmar Co. 230.90 87-CC-1833 Orchard Village 1,982.50 87-CC-1834 Western Illinois University 500.00 87-CC-1836 O’Herron, Ray, Co., Inc. 4,692.57 87-CC-1858 Xerox Corp. 814.72 87-CC-1860 Xerox Corp. 549.25 87-CC-1863 Xerox Corp. 376.27 87-CC-1864 Xerox Corp. 352.14 87-CC-1865 Xerox Corp. 334.26 87-CC-1872 Xerox Corp. 289.80 87-CC-1877 Xerox Corp. 152.16 87-CC-1879 Xerox Corp. 123.11 87-CC-1880 Xerox Corp. 123.11 87-CC-1881 Xerox Corp. 119.00 87-CC-1891 Penn, Wesley 145.76 87-CC-1893 Williams, Hubert 0. 350.00 87-CC-1894 Community Workshop & Training Center 67,648.32 87-CC-1895 Haynes, Wanda 322.50 284

87-CC-1897 Barnes Hospital 50,359.65 87-CC-1898 Barnes Hospital 43,423.34 87-CC-1899 Pitney Bowes 540.12 87-CC-1901 Slack, Delores 46.00 87-CC-1906 Carey’s Furniture Co., Inc. 10,200.00 87-CC-1908 Phillips 66 Co. 13.92 87-CC-1911 Tag, Inc. 114.80 87-CC-1912 Days Inn 316.10 87-CC-1913 Tjiook, Gan, M.D., S.C. 1,200.00 87-CC-1915 Tandy Corp. 7,995.78 87-CC-1944 Wood River Township Hospital 1,234.95 87-CC-1945 Hoe Supply Co. 450.56 87-CC-1946 Sun Refining & Marketing 122.54 87-CC-1949 Illinois Electronic Business Equipment 942.65 87-CC-1951 Jumer’s Castle Lodge 45.27 87-CC-1952 Morris, Robert, College 1,900.00 87-CC-1953 Morris, Robert, College 900.00 87-CC-1954 Morris, Robert, College 900.00 87-CC-1955 Gabel, Carry C. 1,314.36 87-CC-1961 Roosevelt University 550.00 87-CC-1976 Amoco Oil Co. 195.07 87-CC-1977 Amoco Oil Co. 90.28 87-CC-2002 Stannard Power Equipment Co. 1,457.55 87-CC-2003 Lawyers Co-Operative Publishing Co. 195.90 87-CC-2006 Cohen, Marcia 88.16 87-CC-2008 Minnesota, University of, Hospital & Clinics 9,539.61 87-CC-2009 Misericordia Home North 5,455.55 87-CC-2011 Quint, Ed 150.00 87-CC-2014 Typewriter Service Co. 5,625.00 87-CC-2023 Career Track, Inc. 45.00 87-CC-2026 Catholic Social Service of Peoria 3,182.03 87-02-2027 Catholic Social Service of Peoria 1,655.41 87-CC-2033 Special Services Co. 18,642.00 87-CC-2037 Prime Med 45.00 87-CC-2038 Kaleidoscope, Inc. 4,024.86 87-CC-2043 Marathon Petroleum Co. 55.84 87-CC-2044 Marathon Petroleum Co. 30.92 87-CC-2045 Marathon Petroleum Co. 15.98 87-CC-2046 Marathon Petroleum Co. 5.00 87-CC-2048 Helix Hydraulic Service 177.30 87-CC-2049 Orthopedic Associates of Kankakee 2,489.00 285

87-CC-2050 Hyatt Lodge 159.00 87-CC-2051 Blankenship, E., & CO. 23.04 87-CC-2052 Marshall Industries 7,449.81 87-CC-2053 Jumer Hotels, Ltd. 65.40 87-CC-2054 Sievers Auto Body, Inc. 1,016.48 87-CC-2056 McLeary, Everett 300.00 87-CC-2057 Prairie Cardiovascular Center 1,051.00 87-CC-2058 Allen Foods, Inc. 141.35 87-CC-2066 Buckeye Gas Products 632.77 87-CC-2069 Memorial Medical Center 780.00 87-CC-2071 Community College Dist. 508, Board of Trustees 217.00 87-CC-2075 Ramada Hotel-Mt. Vernon 314.46 87-CC-2076 Xerox Corp. 1,041.07 87-CC-2078 Werner Motor Co. 57.50 87-CC-2079 Neurological Associates 78.00 87-CC-2080 Coleman Clinic 18.00 87-CC-2086 Clinic in Altgeld, Inc. 2,488.97 87-CC-2089 International Business Machines 415.00 87-CC-2091 St. Mary’s Hospital (Decatur) 1,638.80 87-CC-2092 St. Mary’s Hospital (Decatur) 1,385.15 87-CC-2093 St. Mary’s Hospital (Decatur) 1,233.70 87-CC-2094 St. Mary’s Hospital (Decatur) 912.35 87-CC-2095 St. Mary’s Hospital (Decatur) 447.00 87-CC-2096 St. Mary’s Hospital (Decatur) 33.60 87-CC-2099 Crossroads Ford Truck Sales, Inc. 90.47 87-CC-2107 Econo-Car of Chicago 46.78 87-CC-2lC8 North American Van Lines, Inc. 2,882.83 87-CC-2109 Globe Office Supply Co. 83.40 87-CC-2110 Mercy Center 84.00 87-CC-2112 Wiley Office Equipment Co. 18.00 87-CC-2115 Grogan, Edwin L., M.D. 315.00 87-CC-2116 McCracken, John E., M.D. 35.00 87-CC-2118 Jacobs, Bill, Motor Car Co., Inc. 464.59 87-CC-2119 Scientific Games, Inc. 261,631.95 87-CC-2121 Valco Awards and More, Inc. 25.00 87-CC-2122 Egizii Electric, Inc. 155.50 87-CC-2123 Illinois, University of; Board of Trustees 267.49 87-CC-2131 Rohrbaugh, James R., M.D. 25.00 87-CC-2134 Buss, Timothy D. 1,329.60 87-CC-2137 Golden Circle Senior Citizens 4,169.31 87-CC-2139 A & R Welding Supply 9.60 87-CC-2141 Wilmington, IL 71.61 87-CC-2144 Central Illinois Public Service Co. 232,567.77 87-CC-2146 Mobi Corp. 3,700.00 87-CC-2147 Salgado, Angel M. 900.00 87-CC-2159 Forestry Suppliers, Inc. 2,704.40 87-CC-2161 Smyth, Alex 349.58 87-CC-2233 Help At Home, Inc. 280.80 87-CC-2239 Help At Home, Inc. 280.80 87-CC-2248 Help At Home, Inc. 263.25 87-CC-2249 Help At Home, Inc. 140.40 87-CC-2251 Help At Home, Inc. 187.20 87-CC-2252 Help At Home, Inc. 140.40 87-CC-2255 Help At Home, Inc. 514.80 87-CC-2257 Help At Home, Inc. 304.20 87-CC-2259 Help At Home, Inc. 280.80 87-CC-2261 Help At Home, Inc. 228.15 87-CC-2262 Help At Home, Inc. 134.55 87-CC-2267 Help At Home, Inc. 210.60 87-CC -2270 Help At Home, Inc. 585.00 87-CC-2272 Help At Home, Inc. 163.80 87-CC-2287 Help At Home, Inc. 304.20 87-CC-2297 Help At Home, Inc. 17.55 87-CC-2387 Help At Home, Inc. 46.80 87-CC-2388 Help At Home, Inc. 87.75 87-CC-2466 Berry Bearing Co. 973.60 87-CC-2467 Chicago Airlines 232.00 87-CC-2472 Dexheimer, Ruth L. 36.63 87-CC-2477 Wallace Computer Services, Inc. 49,584.82 87-CC-2486 Shelton, Pat 68.00 87-CC-2488 General Gas & Oil Co. 85.05 87-CC-2493 Kelly Services, Inc. 59.76 87-CC-2505 Vallen Safety Supply 2,346.12 87-CC-2506 Chakrobortty, Maitrayee, M.D. 572.00 87-CC-2510 Carroll Seating Co. 1,020.60 87-CC-2511 C.D.S. Office Systems 20.20 87-CC-2512 R. Rudnick & CoJRudnick Builders 9,915.00 87-CC-2513 Memorial Hospital 290.00 87-CC-2514 Small, Brian C. 127.46 87-CC-2531 Cooper Drug Co. 7.80 87-CC-2551 Jensen Mechanical Contractors, Inc. 12,951.93 87-CC-2557 National Fabco Manufacturing, Inc. 78,679.04 87-CC-2559 All Pro Equipment 6,081.39 87-CC-2560 Jumer’s Castle Lodge 33.30 87-CC-2592 Shell Oil 44.37 87-CC-2594 Bernklau, Diana 117.86 87-CC-2596 Security Lumber & Supply Co. 9,615.00 87-CC-2600 Dodge City Toyota 45.00 87-CC-2605 Ragan Report Workshop . 225.00 87-CC-2606 Hamm, John 136.95 87-CC-2616 Burns Properties 1,992.88 87-CC-2617 Burns Properties 202.52 87-CC-2620 Honeywell Information Systems 7,968.75 87-CC-2621 Science Research Assoc. 1,233.04 87-CC-2624 Carroll Seating Co. 1,628.00 87-CC-2744 Unocal 36.47 87-CC-2745 Unocal 33.12 87-CC-2746 Unocal 20.19 87-CC-2752 Unocal 23.27 87-CC-2753 Unocal 7.25 87-CC-2780 Marion County 625.83 87-CC-2781 W. F. Industries 60.00 87-CC-2782 Northern Illinois Fence, Inc. 1,040.00 87-CC-2832 Easter Seal Society of SW Illinois 20.00 87-CC-2834 West Publishing Co. 507 .OO 87-CC-2835 West Publishing CO. 150.00 87-CC-2838 Kara Co., Inc. 700.00 87-CC-2841 Community Consolidated School Dist. 110 50.00 87-CC-2846 West Publishing Co. 208.50 87-CC-2847 Hod Disposal Service 92.00 87-CC-2848 Dexheimer, Ruth L. 67.26 87-CC-2859 Barth, Daryl, C.P.O. 167.00 87-CC-2861 Handy Auto Sales & Rentals 98.90 87-CC-2884 Perkin Elmer Corp. 1,102.59 87-CC-2888 Loyola Medical Center 10,913.76 87-CC-2915 McKinley, Ada S., Community Services 617.50 87-CC-2936 Margaret-Ann Electric, Inc. 5,436.00 87-CC-2939 Bureau of Business Practice 35.35 87-CC-2953 Amoco Oil Co. 34.10 87-CC-2969 IBM 2,415.00 87-CC-2970 Joliet Audio Vestibular Labs 9.00 87-CC-2973 Community College Dist. 508, Board of Trustees 89.00 288

87-CC-2974 Community College Dist. 508, Board of Trustees 79.00 87-CC-2994 Carter Bros. Lumber Co. 221.85 87-CC-3004 Federal Express Corp. 252.35 87-CC-3037 Vasiliauskas, Eric A. 1,258.00 87-CC-3044 Wereldsma, Edward Peter 520.00 87-CC-3054 West Publishing Co. 93.00 87-CC-3055 Denny, Diana R. 75.36 87-CC-3061 NAPA 45.12 87-CC-3065 Pitney Bowes 236.00 87-CC-3176 Egizii Electric 146.28 87-CC-3297 Wallace & Tiernan Division 20,190.00 87-CC-3335 CLSI, Inc. 169,080.00 87-CC-3359 Kellner, M. J., Co. 127.00 87-CC-3398 Wyman, Thomas M., M.D. 45.00 87-CC-3404 Washington University Medical School 4,342.33 87-CC-3407 Office Equipment Co. of Chicago 4,255.00 87-CC-3448 Commercial Management, Inc. 20,800.00 87-CC-3460 Illinois Dept. of Public Aid; Clarence Golden, Petty Cash Custodian 21.04 87-CC-3516 MacArthur Group, The 68,157.00 87-CC-3531 Alexander, S. M., & Co. 35.48 87-CC-3534 Illini Supply, Inc. 79.90 87-CC-3535 Garrett General Aviation Services Co. 862.90 87-CC-3607 Lewis & Clark Comm. College 62.25 87-CC-3616 Hall, Rhona; Custodian Project Chance Petty Cash Fund 209.90 PRISONERS AND INMATES MISSING PROPERTY CLAIMS FY 1987

The following list of cases consists of claims brought by prisoners and inmates of State correctional facilities against the State to recover the value of certain items of personal property of which they were allegedly possessed while incarcerated, but which were allegedly lost while the State was in possession thereof or for which the State was allegedly otherwise responsible. Consist- ent with the cases involving the same subject matter appearing in full in previous Court of Claims Reports, these claims were all decided based upon the theories of bailments, conversion, or negligence. Because of the volume, length, and general similarity of the opinions, the full texts of the opinions were not published, except for those claims which may have some precedential value.

82-cc-0810 Moore, Richard Alan $ 72.50 84-CC-3057 Godinez, Ricardo A. 230.00 84-cc-3544 Akbaar-El, Amin 150.00 84-cc-3545 Isaac, William L. 5.00 85-cc-0143 Lamprey, Edward 750.00 85-CC-0630 Walker, Clarence 1,501.50 85-CC-1027 Hanna, Edward Alan 83.64 85-cc-1973 Smith, Johnny 14.95 85-CC-2749 Walton, Johnny 150.00 85-cc-2949 Avitia, Arnold0 71.20 86-CC-0211 Williams-El, Melvin 200.00 86-CC-0308 Mannen, Mark 65.00 86-CC-0363 Bullock, Albert 100.00 86-CC-0460 Lemons, Edward 272.13 86-CC-0577 Carrillo, Eduardo 350.00 86-CC-0736 Jackson, Richard 120.00 86-CC-2156 Burks, Dennis !?,48.54

289 290

86-CC-2296 Rial, Larry J. 50.00 86-CC-2950 Mark, William 8.37 86-CC-3229 Haynes, George E., I11 50.00 86-CC-3454 Rial, Larry J. 23.05 STATE EMPLOYEES’ BACK SALARY CASES FY 1987

Where as a result of lapsed appropriation, miscalculation of overtime or vacation pay, service increase, or reinstatement following resignation, and so on, a State employee becomes entitled to’back pay, the Court will enter an award for the amount due, and order the Comptroller to pay that, sum, less amounts withheld properly for taxes and other necessary contributions, to the Claimant.

84-CC-1204 Harris, William G. $14,163.01 85-CC-0028 Elwell, Scott 6,047.00 85-CC-0378 Martinez, Nyla S. 1,284.13 85-CC-2639 Zempich, David 1,482.53 86-CC-0204 Kwasnik, Peter F. 114.54 86-CC-0330 Zempich, David (Paid under claim I 85-cc-2639) 86-CC-0626 Allen, Nancy L. 276.31 86-CC-0692 Adams, Verril Cower 115.72 86-CC-0816 Stolley & Orlebeke 3,662.00 86-CC-1038 Sheehan, George 109.09 86-CC-1433 Lord, William 81.43 86-CC-1512 Maeser, Joe M. 918.00 86-CC-1748 Textor, Alice; Brue, Deborah; & Farrick, Roberta 2,500.00

86-CC-2150 Cottengaim, Jeff 142.12 I 86-CC-2393 Burt, John M. 368.61 I 86-CC-2487 Stone, Stanley 643.15 i 86-CC-2506 Tamblin, Walter 18,107.76 i 86-CC-2621 Woltz, Lynn 1,138.15 I 86-CC-2843 Barton, Robert 0. 1,233.70 I I 86-CC-3533 DiPietro, Timothy M. 555.83

291 REFUND CASES FY 1987

The claims listed below arise out of audits by the Secre- tary of State and certain other states and Canadian provinces on prorated license fees paid by the Claimants in accordance with certain reciprocal compacts known as the International Registration Plan and the Uniform Prorate Compact. Following the audits, adjustments are made to the amounts due and previously paid. The awards made in the claims listed below are refunds for overpayment of the fees which were found due and owing the Claimants, but which the Secretary of State was unable to make the payments directly due to the exhaustion of available funds.

86-CC-2316 Murphy Motor Freight Lines $258.85 86-CC-2936 LaReno, Valerie A. 15.00 86-CC-2946 Otto, George W., Jr. 36.00 86-CC-2956 Vaughn, Pamela 15.00 86-CC-2963 Giffin, Gary D. 15.00 86-CC-3041 Doyle, Helen 5.00 86-CC-3296 Scholtz, Margaret 24.00 86-CC-3354 Colvin, David 15.00 86-CC-3355 Hubler, Laura 24.00 86-CC-3426 Frieson, Gladys 15.00 86-CC-3524 Combs, Jack 15.00 86-CC-3528 Whitefield, Elliot 15.00 86-CC-3561 Kinsella, John J. 15.00 87-CC-0027 Patton, Richard D. 15.00 87-CC-0038 Wozniak, Anna 10.00 87-CC-0045 Schroedel, M. Dwayne 15.00 87-CC-0107 Humphrey, Robert E. 15.00 87-CC-0109 Meek, Margretta 24.00 87-CC-0168 Sarnecki, Christine M. 15.00 87-CC-0282 Kline, Elizabeth A. 15.00 87-CC-0292 Coleman, Carolyn 15.00 87-CC-0359 Burrell, Lee M. 15.00 292 293

87-CC-0368 Brankey, Genevieve M. 24.00 87-CC-0374 Shubayev, Fredrick 15.00 87-CC-0375 McCurdy, Betty C. 24.00 87-CC-0391 Dodge, Steven C. 15.00 87-CC-0402 Gotter, Bernice 24.00 87-CC-0403 Reynolds, James T. 15.00 87-CC-0407 Coyne, Margaret R. 24.00 87-CC-0414 Oster, Virginia M. 24.00 87-CC-0421 Burkett, Preston 24.00 87-CC-0425 Lindstrom, Gust F. 24.00 87-CC-0426 Heyman, Millard A. 24.00 87-CC-0429 Dallao, Clem 24.00 87-CC-0444 Shannon, Ohia 24.00 87-CC-0451 Gold, Audrey 24.00 87-CC-0469 Olsen, Melissa R. 30.00 87-CC-0488 Sims, Gary R. 15.00 87-CC-0493 Smith, Ora E. 24.00 87-CC-0498 Gray, Charles 15.00 87-CC-0502 Foster, Etta P. 24.00 87-CC-0509 Kemper, Timothy E. 15.00 87-CC-0510 Stewart, Ruth E. 24.00 87-CC-0512 Robinson, Cornelius 30.00 87-CC-0521 Bown, Clemma E. 24.00 87-CC-0530 Bonifas, Paula M. 15.00 87-CC-0534 Lungo, Andrew 24.00 87-CC-0557 Diaz, Ermida 15.00 87-CC-0561 Wageman, Scott R. 15.00 87-CC-0570 Carter, Lavergne J. 24.00 87-CC-0579 Crusse, Rheu 24.00 87-CC-0580 Garman, Zelma M.P. 24.00 87-CC-0594 Rabe, Margaret 24.00 87-CC-0595 Rodriguez, Thomas A., Jr. 15.00 87-CC-0596 Neal, Connie L. 15.00 87-CC-0599 Lewandowski, Gertrude 24.00 87-CC-0604 Fisher, Gertrude 24.00 87-CC-0605 Hurst, Margaret E. 24.00 87-CC-0606 Harris, Marie K. 24.00 87-CC-0613 Williams, Alberta 24.00 87-CC-0642 Galloway, Geraldine 24.00 87-CC-0666 Miller, B. Viola 24.00 87-CC-0667 Luby, Frances V. 24.00 294

87-CC-0719 Dellaney, Robert J., 11 15.00 87-CC-0749 Acton, Stella 24.00 87-CC-0790 Stasch, Mary M. 24.00 87-CC-0791 Cook, Cecile E. 24.00 87-CC-0815 Betty, Evelyn 24.00 87-CC-0816 Mueller, Irene B. 24.00 87-CC-0817 Krys, Irene 24.00 87-CC-0833 DelPrincipe, Gary 15.00 87-CC-0834 Marten, Martha E. 24.00 87-CC-0914 Carr, Gary 15.00 87-CC-0954 Pankey, Ilean M. 24.00 87-CC-0975 Pankonin, Louis 0. 15.00 87-CC-0987 Simmons, Ernest 24.00 87-CC-0988 Carroccia, Ubaldo 24.00 87-CC-1028 Guimond, Mamie 24.00 87-CC-1100 Ackermann, Bernice 24.00 87-CC-1117 Wright, Zack, Jr. 24.00 87-CC-1136 Podwin, Marian 24.00 87-CC-1158 Eslick, Emma E. 24.00 87-CC-1161 Greene, Wanda W. 24.00 87-CC-1195 Walker, Lee A. 15.00 87-CC-1228 Marsan, Edith 24.00 87-CC-1272 Kleiman, Isobel S. 24.00 87-CC-1635 Stronge, John Le 15.00 87-CC-1710 Reynolds, Margaret B. 24.00 87-CC-1724 Russo, Dominic 10.00 87-CC-1904 Ciardiello, John 96.00 87-CC-2028 Hicks, Craig 30.00 87-CC-2055 Zayan, Mayer, Dr. 30.00 87-CC-2113 Williams, Andre L. 30.00 87-CC-2145 Williams, Blanche G. 24.00 87-CC-2160 Atterberry, Geraldine L. 24.00 87-CC-2460 Carr, Velma V. 24.00 87-CC-2463 Silcox, Richard 0. 24.00 87-CC-2468 Worden, Edith 24.00 87-CC-2469 Chenore, Wesley J. 24.00 87-CC-2470 Cook, Margaret Ann 24.00 87-CC-2479 Ford, Timothy P. 30.00 87-CC-2482 Hildebrand, Rita C. 24.00 87-CC-2484 Schultz, Roger A. & Marjorie 24.00 87-CC-2485 Farrar, Anna M. 24.00

296

87-CC-2798 Villarreal, Bertha 15.00 87-CC-2807 Frykman, Evert M. 24.00 87-CC-2866 Carey, Ivan M. 24.00 87-CC-2867 Grieser, Delbert 24.00 87-CC-2868 Dreher, Bert 24.00 87GC-2869 Sopher, Trella I. 24.00 87-CC-2871 Walker, Denver 24.00 87-CC-2872 Irvin, Vada 24.00 87-CC-2896 Upp, Elizabeth 24.00 87-CC-2897 Coffeen, Marian 24.00 87-CC-2924 Hahn, Ruth E. 24.00 87-CC-2926 Woll, Orval F. 2A.00 87-CC-2931 Eckel, Elmer B. 24.00 87-CC-2932 Ford, Arthur E. 24.00 87-CC-2947 Smithey, Lucille 24.00 87-CC-2962 White, Lloyd E. 24.00 87-CC-2966 Booker, Ruth 0. 24.00 87-CC-2984 Barnes, Lenora F. 24.00 87-CC-3038 Deutsch, Lois B. 24.00 MEDICAL VENDOR CLAIMS FY 1987

The decisions listed below involve claims filed by vendors seeking compensation for medical services rendered to persons eligible for medical assistance under programs administered by the Illinois Department of Public Aid.

82-CC-0089 Associates in Adolescent Psychiatry $ 8,506.00 82-CC-0090 Associates in Adolescent Psychiatry (Paid under claim 82-CC-0089) 82-CC-0091 Associates in Adolescent Psychiatry (Paid under claim 82-CC-0089) 82-CC-0092 Associates in Adolescent Psychiatry (Paid under claim 82-CC-0089) 82-CC-0093 Associates in Adolescent Psychiatry (Paid under claim 82-CC-0089) 82-CC-0094 Associates in Adolescent Psychiatry (Paid under claim 82-CC-0089) 82-CC-0095 Associates in Adolescent Psychiatry (Paid under claim 82-CC-0089) 82-CC-0096 Associates in Adolescent Psychiatry (Paid under claim 82-CC-0089) 82-CC-0099 Associates in Adolescent Psychiatry (Paid under claim 82-CC-0089) 82-CC-0100 Associates in Adolescent Psychiatry (Paid under claim 82-CC-0089) 82-CC-0101 Associates in Adolescent Psychiatry (Paid under claim 82-CC-0089) 82-CC-0102 Associates in Adolescent Psychiatry (Paid under claim 82-CC-0089) 82-CC-0109 Larson, John, R. (Paid under claim 82-CC-0089) 82-CC-0110 Larson, John, M.D. (Paid under claim 82-CC-0089) 82-CC-0111 Larson, John, M.D. (Paid under claim 82-CC-0089) 82-CC-0112 Larson, John, M.D. (Paid under claim 82-CC-0089) 297 298

82-CC-0113 Larson, John, M.D. (Paid under claim 82-CC-0089) 82-CC-0114 Larson, John, M.D. (Paid under claim 82-CC-0089) 82-CC-0115 Larson, John, M.D. (Paid under claim 82-CC-0089) 82-CC-0116 Larson, John, M.D. (Paid under claim 82-CC-0089) 82-CC-0117 Larson, John, M.D. (Paid under claim 82-CC-0089) 82-CC-0118 Larson, John, M.D. (Paid under claim 82-CC-0089) 82-CC-0119 Larson, John, M.D. (Paid under claim 82-CC-0089) 82-CC-0120 Larson, John, M.D. (Paid under claim 82-CC-0089) 82-CC-0121 Larson, John, M.D. (Paid under claim 82-CC-0089) 82-CC-0122 Larson, John, M.D. (Paid under claim 82-CC-0089) 82-CC-0123 Larson, John, M.D. (Paid under claim 82-CC-0089) 82-CC-0124 Larson, John, M.D. (Paid under claim 82-CC-0089) 82-CC-0125 Larson, John, M.D. (Paid under claim 82-CC-0089) 82-CC-0127 Larson, John, M.D. (Paid under claim 82-CC-0089) 82-CC-0128 Schwarz, Marvin, M.D. (Paid under claim 82-CC-0089) 82-CC-0129 Schwarz, Marvin, M.D. (Paid under claim 82-CC-0089) 82-CC-0130 Schwarz, Marvin, M.D. (Paid under claim 82-CC-0089) 82-CC-0131 Schwarz, Marvin, M.D. (Paid under claim 82-CC-0089) 82-CC-0132 Schwarz, Marvin, M.D. (Paid under claim 82-CC-0089) 82-CC-0133 Schwarz, Marvin, M.D. (Paid under claim 82-CC-0089) 82-CC-0134 Schwarz, Marvin, M.D. (Paid under claim 82-CC-0089) 299

82-CC-0135 Schwarz, Marvin, M.D. (Paid under claim 82-CC-0089) 82-CC-0136 Schwarz, Marvin, M.D. (Paid under claim 82-CC-0089) 82-CC-0137 Schwarz, Marvin, M.D. (Paid under claim 82-CC-0089) 82-CC-0139 Schwarz, Marvin, M.D. (Paid under claim 82-CC-0089) 82-CC-0140 Schwarz, Marvin, M.D. (Paid under claim 82-CC-0089) 82-CC-0141 Schwarz, Marvin J., M.D. (Paid under claim 82-CC-0089) 83-cc-1199 Westlake Community Hospital 8,600.00 83-CC-1527 Augustana Hospital 20,000.00 84-cc-0194 Weiss, Louis A., Memorial Hospital 15,509.08 84-cc-0224 Weiss, Louis A., Memorial Hospital (Paid under claim 84-CC-0194) 84-CC-0287 Bethesda Hospital 6,811.96 84-cc-0296 Bethesda Hospital (Paid under claim 84-CC-0287) 84-cc-0309 Norwegian-American Hospital 28,oO0.00 84-cc-0331 St. Joseph Hospital 3,965.33 84-CC-0478 Illinois Masonic Medical Center 63,729.71 84-cc-0479 Illinois Masonic Medical Center (Paid under claim 84-CC-0478) 84-CC-0480 Illinois Masonic Medical Center (Paid under claim 84-CC-0478) 84-CC-0481 Illinois Masonic Medical Center (Paid under claim 84-CC-0478) 84-CC-0482 Illinois Masonic Medical Center (Paid under claim 84-CC-0478) 84-cc-0483 Illinois Masonic Medical Center (Paid under claim 84-CC-0478) 84-cc-0484 Illinois Masonic Medical Center (Paid under claim 84-CC-0478) 84-cc-0485 Illinois Masonic Medical Center (Paid under claim 84-CC-0478) 84-CC-0486 Illinois Masonic Medical Center 2,019.40 84-CC-0488 Illinois Masonic Medical Center (Paid under claim 84-CC-0478) 300

84-CC-0489 Illinois Masonic Medical Center (Paid under claim 84-CC-0478) 84-CC-0490 Illinois Masonic Medical Center (Paid under claim 84-CC-0478) 84-CC-0491 Illinois Masonic Medical Center (Paid under claim 84-CC-0478) 84-cc-0493 Illinois Masonic Medical Center (Paid under claim 84-CC-0478) 84-CC-0495 Illinois Masonic Medical Center (Paid under claim &I-CC-0478) 84-CCh496 Illinois Masonic Medical Center (Paid under claim 84-CC-0478) 84-CC-0497 Illinois Masonic Medical Center (Paid under claim 84-CC-0478) 84-CC-0498 Illinois Masonic Medical Center (Paid under claim 84-CC-0478) 84-cc-0499 Illinois Masonic Medical Center (Paid under claim 84-CC-0478) 84-CC-0500 Illinois Masonic Medical Center (Paid under claim 84-CC-0478) 84-CC-0659 St. Bernard Hospital 45,124.29 84-CC-0679 Weiss, Louis A., Memorial Hospital (Paid under claim 84-cc-0194) 84-CC-0683 St. Bernard Hospital (Paid under claim 84-cc-0659) 84-CC-0711 Westlake Community Hospital (Paid under claim 83-cc-1199) 84-CC-0729 Chicago Osteopathic Medical Center 94,416.69 84-CC-0730 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 84-CC-0731 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 84-CC-0732 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 84-CC-0733 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 84-CC-0863 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 84-CC-0864 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 84-CC-0865 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 301

84-CC-1237 Children’s Memorial Hospital 58,035.28 84-cc-1239 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 84-cc-1240 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 84-cc-1241 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 84-cc-1242 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 84-CC-1243 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 84-cc-1244 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 84-CC-1245 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 84-CC-1246 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 84-CC-1247 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 84-CC-1248 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 84-cc-1249 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 84-cc-1250 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 84-cc-1258 Doctors Clinic, Ltd. 34.00 84-cc-1355 St. Mary’s Hospital (Paid under claim 85-cc-0333) 84-CC-1537 St. Bernard Hospital 2,525.28 84-CC-1671 Riverside Medical Center 1,544.81 84-CC-1672 Riverside Medical Center (Paid under claim 84-CC-1671) 84-CC-1673 Riverside Medical Center (Paid under claim 84-CC-1671) 84-CC-1676 Riverside Medical Center (Paid under claim 84-CC-1671) 84-CC-2109 Weiss Memorial Hospital (Paid under claim 84-cc-0194) 84-cc-2493 Bethesda Hospital (Paid under claim 84-CC-0287) 84-CC-2548 St. Elizabeth‘s Hospital 4,942.20 302 I'

84-cc-2585 St. Bernard Hospital (Paid under claim 84-cc-0659) 84-CC-2587 Evanston Hospital (Paid under claim 86-CC-0880) 84-cc-2620 St. Elizabeth's Hospital 6,500.00 84-CC-2754 Rehabilitation Institute of Chicago 8,535.52 84-CC-2774 MacNeal Memorial Hospital 6,414.37 84- CC-2789 Holy Cross Hospital 1,068.12 84-cc-2833 MacNeal Memorial Hospital (Paid under claim 84-CC-2774) 84-cc-2834 Bethesda Hospital (Paid under claim 84-CC-0287) 84-CC-2887 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 84-cc-2888 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 84-CC-2889 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 84-cc-2890 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 84-cc-2891 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 84-CC-2892 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 84-cc-2893 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 84-cc-2894 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 84-cc-2895 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 84-cc-2896 Chicago Osteopathic Medical Center. (Paid under claim 84-CC-0729) 84-cc-2897 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 84-CC-2898 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 84-cc-2899 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 84-cc-2900 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 84-CC-2982 Riverside Medical Center (Paid under claim 84-CC-1671) 303

84-CC-3184 Evangelical Hospitals, Corporation 647.85 84-CC-3231 Community Memorial General Hospital 16,552.58 84-cc-3240 St. Bernard Hospital (Paid under claim 84-CC-0659) 84-cc-3247 Augustana Hospital (Paid under claim 83-CC-1527) 84-CC-3392 St. Bernard Hospital 3,285.52 84-CC-3414 St. Elizabeth‘s Hospital 2,676.06 84-CC-3415 St. Joseph Hospital (Paid under claim 84-cc-0331) 84-cc-3443 Evanston Hospital (Paid under claim 86-CC-0880) 84-CC-3529 Evanston Hospital (Paid under claim 86-CC-0880) 84-CC-3531 St. Bernard Hospital (Paid under claim 84-cc-0659) 84-CC-3613 St. Bernard Hospital (Paid under claim 84-cc-0659) 84-CC-3615 Weiss Memorial Hospital (Paid under claim 84-CC-0194) 84-CC-3616 Roseland Community Hospital 361.75 84-CC-3620 St. Bernard Hospital (Paid under claim 84-cc-0659) 85-CC-0252 St. Bernard Hospital (Paid under claim 84-cc-0659) 85-CC-0254 St. Elizabeth‘s Hospital (Paid under claim 84-cc-2620) 85-CC-0256 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 85-CC-0257 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 85-cc-0258 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 85-cc-0259 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 85-cc-0260 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 85-cc-0261 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 304

85-CC-0262 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 85-CC-0263 Children’s Memorial Hospital (Paid under claim 84-CC-1237) 85-CC-0270 Bethesda Hospital (Paid under claim 84-CC-0287) 85-CC-0302 Weiss Memorial Hospital (Paid under claim 84-cc-0194) 85-CC-0308 St. Francis Hospital 12,500.00 85-CC-0332 St. Bernard Hospital (Paid under claim 84-cc-0659) 85-cc-0335 Norwegian-American Hospital (Paid under claim 84-CC-0309) 85-CC-0337 St. Francis Hospital (Paid under claim 85-CC-0308) 85-CC-0427 St. Joseph Hospital (Paid under claim 84-cc-0331) 85-CC-0431 Evanston Hospital (Paid under claim 86-CC-0880) 85-CC-0434 St. Francis Hospital (Paid under claim 85-CC-0308) 85-CC-0522 Norwegian-American Hospital (Paid under claim 84-cc-0309) 85-CC-0527 MacNeal Memorial Hospital (Paid under claim 84-CC-2774) 85-CC-0528 St. Therese HosDital 4,000.00 85-CC-0536 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 85-CC-0537 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 85-CC-0538 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 85-CC-0539 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 85-CC-0616 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 85-CC-0617 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 85-CC-0692 Evanston Hospital (Paid under claim 86-CC-0880) 85-cc-0694 St. Therese Hospital (Paid under claim 85-CC-05%) 305

85-CC-0696 Good Shepherd Hospital 656.88 85-CC-0897 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 85-CC-1102 Norwegian-American Hospital (Paid under claim 84-CC-0309) 85-CC-1103 Norwegian-American Hospital (Paid under claim 84-CC-0309) 85-CC-1106 Bethesda Hospital (Paid under claim 84-CC-0287) 85-CC-1108 St. Therese Hospital (Paid under claim 85-CC-0528) 85-CC-1109 St. Francis Hospital (Paid under claim 85-CC-0308) 85-CC-1110 MacNeal Memorial hspital (Paid under claim 84-CC-2774) 85-cc-1111 Bethesda Hospital (Paid under claim 84-CC-0287) 85-CC-1255 Children’s Memorial Hospital 4,964.72 85-CC-1509 Crawford Memorial Hospital 2,294.07 I 85-CC-15N Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 1 85-CC-1565 MacNeal Memorial Hospital (Paid under claim 84-CC-2774) I 85-CC-1566 Crawford Memorial Hospital (Paid under claim I 85-CC-1509) 85-CC-1614 Loretto Hospital 20,000.00 I 85-CC-1742 St. Therese Hospital (Paid under claim 85-CC-0528) I I 85-CC-1900 St. Francis Hospital (Paid under claim ~ 85-CC-0308) 85-cc-1901 St. Francis Hospital (Paid under claim 85-CC-0308) I I 85-cc-1902 St. Joseph Hospital (Elgin) (Paid under claim 84-cc-0331) 85-CC-1942 Chicago Osteopathic Hospital (Paid under claim 84-CC-0729) 85-CC-1943 Chicago Osteopathic Hospital (Paid under claim 84-CC-0729) (Paid under claim 85-CC-1951 Chicago Osteopathic Hospital 1 84-CC-0729) 306

85-CC-2004 St. Francis Hospital (Paid under claim 85-CC-0308) 85-CC-2005 St. Francis Hospital (Paid under claim 85-CC-0308) 85-CC-2006 St. Francis Hospital (Paid under claim 85-CC-0308) 85-cc-2145 Chicago Osteopathic Hospital (Paid under claim 84-CC-0729) 85-CC-2146 Chicago Osteopathic Hospital (Paid under claim 84-CC-0729) 85-CC-2147 Chicago Osteopathic Hospital (Paid under claim 84-CC-0729) 85-CC-2148 Chicago Osteopathic Hospital (Paid under claim 84-CC-0729) 85-CC-2149 Chicago Osteopathic Hospital (Paid under claim 84-CC-0729) 85-CC-2191 Children’s Memorial Hospital (Paid under claim 85-cc-1255) 85-cc-2220 St. Joseph Hospital 3,733.32 85-cc-2223 St. Francis Hospital (Paid under claim 85-CC-0308) 85-cc-2433 Chicago Osteopathic Hospital (Paid under claim 84-CC-0729) 85-cc-2434 Chicago Osteopathic Hospital (Paid under claim 84-CC-0729) 85-cc-2435 Chicago Osteopathic Hospital (Paid under claim 84-CC-0729) 85-CC-2656 Ingalls Memorial Hospital 6,272.46 85-CC-2657 Ingalls Memorial Hospital (Paid under claim 85-CC-2656) 85-CC-2658 Ingalls Memorial Hospital (Paid under claim 85-CC-2656) 85-CC-2788 Crawford Memorial Hospital (Paid under claim 85-CC-1509) 85-CC-2814 Norwegian-American Hospital (Paid under claim 84-CC-0309) 85-cc-2822 St. Francis Hospital (Paid under claim 85-CC-0308) 85-cc-2833 St. Elizabeth’s Hospital (Paid under claim 84-CC-2620) 85-CC-2886 MacNeal Memorial Hospital (Paid under claim 84-CC-2774) 307

85-CC-2915 St. Joseph Hospital (Paid under claim 85-cc-2220) 85-CC-3014 Evanston Hospital . (Paid under claim 86-CC-0880) 85-CC-3015 Evanston Hospital (Paid under claim 86-CC-0880) 85-CC-3017 St. Francis Hospital (Paid under claim 85-cc-0308) 85-CC-3094 St. Joseph Hospital (Paid under claim 85-cc-2220) 86-CC-0025 MacNeal Memorial Hospital (Paid under claim 84-CC-2774) 86-CC-0027 Evanston Hospital (Paid under claim 86-CC-0880) 86-CC-0045 Augustana Hospital (Paid under claim 83-CC-1527) 86-CC-0046 St. Francis Hospital (Paid under claim 85-cc-0308) 86-CC-0064 St. Joseph Hospital (Paid under claim 85-cc-2220) 86-CC-0073 Ingalls Memorial Hospital (Paid under claim 85-CC-2656) 86-CC-0165 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 86-CC-0166 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 86-CC-0167 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 86-CC-0181 St. Joseph Hospital (Paid under claim 85-cc-ZZZO) 86-CC-0182 Westlake Community Hospital (Paid under claim 83-CC- 1199) 86-CC-0183 St. Francis Hospital (Paid under claim 85-CC-0308) 86-CC-0259 Evanston Hospital (Paid under claim 86-CC-0880) I 86-CC-0273 Norwegian-American Hospital (Paid under claim 84-cc-0309) 86-CC-0274 St. Bernard Hospital (Paid under claim 84-cc-0659) 308

86-CC-0292 St. Francis Hospital (Paid under claim 85-CC-0308) 86-CC-0408 Norwegian-American Hospital (Paid under claim 84-CC-0309) 86-CC-0409 Norwegian-American Hospital (Paid under claim 84-CC-0309) 86-CC-0410 Augustana Hospital (Paid under claim 83-CC-1527) 86-CC-0411 Augustana Hospital (Paid under claim 83-CC-1527) 86-CC-0412 Augustana Hospital (Paid under claim 83-CC-1527) 86-CC-0415 Weiss, Louis A., Memorial Hospital (Paid under claim 84-cc-0194) 86-CC -04 16 Weiss, Louis A., Memorial Hospital (Paid under claim 84-CC-0194) 86-CC-0419 St. Francis Hospital (Paid under claim 85-CC-0308) 86-CC-0489 Westlake Community Hospital (Paid under claim 83-CC-1199) 86-CC-0490 Evanston Hospital (Paid under claim 86-CC-0880) 86-CC-0491 Augustana Hospital (Paid under claim 83-CC-1527) 86-CC-0492 MacNeal Memorial Hospital (Paid under claim 84-CC-2774) 86-CC-0559 Augustana Hospital (Paid under claim 83-CC-1527) 86-CC-0619 Holy Cross Hospital 3,473.22

86-CC-0861 Ingalls Memorial Hospital (Paid> under claim 85-CC-2656) 86-CC-0862 Ingalls Memorial Hospital (Paid under claim 85-CC-2656) 86-CC-0868 Rogers Park Manor, Inc. 4,088.86 86-CC-0880 Evanston Hospital 65,757.17 86-CC-0884 St. Joseph Hospital (Paid under claim 84-cc-0331) 86-CC-0889 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 86-CC-0890 Chicago Osteopathic Medical Center (Paid under claim 84-CC-0729) 86-CC-0917 Huang, Jou-Nan, M.D. 867.00 309

86-CC-1062 Augustana Hospital & Health (Paid under claim Care Center 83-CC-1527) 86-CC-1065 St. Joseph Hospital (Paid under claim 84-cc-0331) 86-CC-1135 Norwegian-American Hospital (Paid under claim 84-CC-0309) 86-CC-1136 St. Francis Hospital of Evanston (Paid under claim 85-CC-0308) 86-CC-1284 St. Joseph Hospital (Paid under claim 84-CC-0331) 86-CC-1285 MacNeal Memorial Hospital (Paid under claim 84-CC-2774) 86-CC-1286 Weiss Memorial Hospital (Paid under claim 84-cc-0194) 86-CC-1289 Augustana Hospital (Paid under claim 83-CC-1527) 86-CC-1956 Westlake Community Hospital (Paid under claim iI 83-CC-1199) 86-CC-1957 Norwegian-American Hospital (Paid under claim 1 I 84-CC-0309) i 86-CC-1958 St. Joseph Hospital (Paid under claim 85-CC-2220) 2,505.78 I 86-CC-1989 Weiss, Louis A., Memorial Hospital i 351.05 86-CC-2158 Rehabilitation Institute of Chicago 86-CC-2159 Rehabilitation Institute of Chicago (Paid under claim 86-CC-2158) I 86-CC-2189 Proviso Association for Retarded Citizens 2,665.45 I 86-CC-2219 St. Joseph Hospital (Paid under claim 85-cc-2220) 86-CC-2288 Ingalls Memorial Hospital (Paid under claim 85-CC-2656) 86-CC-2289 Ingalls Memorial Hospital (Paid under claim 85-CC-2656) 86-CC-2291 Ingalls Memorial Hospital (Paid under claim 85-CC-2656) 86-CC-2292 Ingalls Memorial Hospital (Paid under claim 85-CC-2656) 86-CC-2340 Reese, Michael, Hospital 1,086.50 86-CC-2358 Mercy Hospital 1,608.19 310

86-CC-2359 Mercy Hospital (Paid under claim 86-CC-2358) 86-CC-2402 Rehabilitation Institute of Chicago (Paid under claim 86-CC-2158) 86-CC-2432 Columbus, Cuneo, Cabrini Medical Center 2,657.28 86-CC-2468 Ingalls Memorial Hospital (Paid under claim 85-CC-2656) 86-CC-2469 Ingalls Memorial Hospital (Paid under claim 85-CC-2656) 86-CC-2545 Hinsdale Hospital (Paid under claim 84-cc-3444) 86-CC-2546 Hinsdale Hospital (Paid under claim 84-CC-3444) 86-CC-2547 Hinsdale Hospital (Paid under claim 84-cc-3444) 86-CC-2548 Augustana Hospital (Paid under claim 83-cc-1527) 86-CC-2625 Bethany Home 579.78 86-CC-2747 Bloomington Hospital 32.60 86-CC-2966 Weiss, Donald E., M.D. 11.50 86-CC-3008 Buchanan, Susanna F., M.D. 23.00 86-CC-3020 Rehabilitation Institute of Chicago (Paid under claim 86-CC-2158) 86-CC-3052 Baber, Riaz A., M.D. 445.00 86-CC-3169 Rehabilitation Institute of Chicago (Paid under claim 86-CC-2158) 86-CC-3170 Rehabilitation Institute of Chicago (Paid under claim 86-CC-2158) 86-CC-3171 Rehabilitation Institute of Chicago (Paid under claim 86-CC-2158) 86-CC-3172 Associates in Professional Psychology 123.75 86-CC-3181 Rehabilitation Institute of Chicago (Paid under claim 86-CC-2158) 86-CC-3342 Franciscan Medical Center 91.60 86-CC-3343 Mercy Hospital (Paid under claim 86-CC-2358) 86-CC-3345 Rehabilitation Institute of Chicago (Paid under claim 86-CC-2158) 86-CC-3412 St. Francis Hospital of Evanston (Paid under claim 85-CC-0308) 311

86-CC-3432 Rehabilitation Institute of Chicago (Paid under claim 86-CC-2158) 86-CC-3539 Murthy, Keshava, M.D. 140.00 87-CC-0022 Rehabilitation Institute of Chicago (Paid under claim 86-CC-2158) 87-CC-0092 Suburban Ent. Assoc. 328.00 87-CC-0096 Visiting Nurse Assn. of Chicago 336.00 87-CC-0097 Visiting Nurse Assn. of Chicago 210.00 87-CC-0098 Visiting Nurse Assn. of Chicago 168.00 87-CC-0265 Reese, Michael, Hospital & (Paid under claim Medical Center 86-cc-2340) 87-CC-0275 Norwegian-American Hospital (Paid under claim 84-cc-0309) 87-CC-0422 Visiting Nurse Assn. of Chicago 294.00 87-CC-0455 Washington County Hospital 114.00 87-CC-0583 Arc/Ric 7,132.41 87-CC-0584 Arc/Ric 5,950.00 87-CC-0585 Arc/Ric 3,372.80 87-CC-0695 St. Elizabeth Hospital 45,853.12 87-CC-0696 St. Elizabeth Hospital (Paid under claim 87-CC-0695) 87-CC-0960 Associated Radiologists of Joliet 84.00 87-CC-1022 Fayette County Hospital 1,555.80 I I CRIME VICTIMS COMPENSATION ACT Where person is victim of violent crime as defined in the Act; has suffered pecuniary loss of $200.00 or more; notified and cooperated fully with law enforcement officials immediately after the crime; the victim and the assailant were not related and sharing the same household; the injury was not substantially attributable to the victim’s wrongful act or substantial provocation; and his claim was filed in the Court of Claims within one year of the date of injury, compensation is payable under the Act.

OPINIONS PUBLISHED IN FULL FY 1987

(No. 82-CV-0235-Claim denied.)

In re APPLICATION OF MARCELLA D. LAZARUS. Order filed November 9,1983. Order filed August 4,198fj.

BERNARD EPTON, for Claimant.

NEIL F. HARTIGAN, Attorney General (FAITH S. SALSBURG and SALLIEM ANLEY, Assistant Attorneys General, of counsel), for Respondent.

CRIME VICTIMS COMPENSATION Am-what necessary to establish eligibility for compensation. In order for a Claimant to be eligible for compensation under the Crime Victims Compensation Act, there must be evidence of one of the violent crimes specifically set forth under section 72 of the Act. SAME-robbery-psychiatric treatment-no evidence of relationship to crime-claim denied. A Claimant was denied compensation for psychiatric treatment allegedly incurred after she was the victim of a robbery, since the evidence failed to establish that the treatment was for injuries directly related to the robbery, there was evidence that the treatment was part of an ongoing condition originating prior to the robbery, and robbery is not one of the violent crimes for which compensation is specifically allowed. 312 313

ROE, J. This claim arises out of an incident that occurred on May 29, 1981. Marcella D. Lazarus seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act. Ill. Rev. Stat. 1979, ch. 70, par. 71 et seq. This Court has carefully considered the application for benefits submitted on September 10, 1981, on the form prescribed by the Court, and an investigatory report of the Attorney General of Illinois which substantiates matters set forth in the application. Based upon these documents and other evidence submitted to the Court, the Court finds: 1. That on May 29, 1981, the Claimant was robbed of her purse. The incident occurred, at 4038 West Washington, Chicago, Illinois. While the Claimant was in her automobile, three offenders approached her car, smashed a window and grabbed her purse. They then fled the scene. The Claimant did not receive any physical injuries as a result of the incident. 2. That in order for a Claimant to be eligible for compensation under the Act, there must be evidence of one of the violent crimes specifically set forth under section 2(c) of the Act. 3. That robbery is not one of the violent crimes specifically set forth under section 2(c) of the Act. 4. That the Claimant seeks compensation for expenses she incurred for psychiatric treatment. The Claimant entered Caylor-Nickel Hospital on June 12, 1981, for treatment of injuries allegedly suffered in this incident. Total expenses for this hospitalization were $4,828.70, none of which was paid by insurance. 314 5. That the Claimant has not submitted evidence to substantiate that the expenses for which she seeks compensation were incurred for treatment of injuries directly related to this incident. Rather, it appears that these treatments were part of an ongoing condition originating prior to this incident. 6. That the Claimant has not met required conditions precedent for compensation under the Act. It is hereby ordered, that this claim be, and is hereby denied.

ORDER

RAUCCI, J This is a claim arising out of an incident which occurred on May 29,1981. Claimant seeks compensation pursuant to the provisions of the Crime Victims Compensation Act. Ill. Rev. Stat. 1979, ch. 70, par. 71 et seq. This Court entered an order on November 9,1983, denying the claim and the Claimant thereafter requested an evidentiary hearing. The parties stipulated that on May 29, 1981, the Claimant was robbed of her purse. The incident occurred at 4038 West Washington, Chicago. While Claimant was in her automobile, an offender smashed the window and grabbed her purse and fled. Claimant seeks compensation for hospital expenses of $4,828.70 for psychiatric treatment. Claimant failed to submit any competent evidence that she was either physically or mentally injured as a result of the incident. She has a history of psychiatric treatment prior to the incident and submitted no 315 evidence linking the treatment after the incident with the incident. Since there was no evidence of injury nor evidence that the hospitalization was caused, in any way, by the incident of May 29, 1981, it is hereby ordered, that this claim is denied, with prejudice.

(No. 82-CV-1012-Claimant awarded $2,000.00.)

In re APPLICATION OF ALICIA LOPEZ. Opinion filed May 26,1987.

SAMUEL EPSTEIN, for Claimant.

NEIL F. HARTIGAN, Attorney General (ALLISON BRES- LAUER, Assistant Attorney General, of counsel), for Respondent.

CRIME VinrMs COMPENSATION Am-“earnings” defined. The Court of Claims has adopted the ordinary and common definition of “earnings” for purposes of applying the Crime Victims Compensation Act, which is something earned as compensation for labor or the use of capital. DAMAcEs-ckzimant has burden of proof on damages. The general rule in Illinois is that the party seeking damages has the burden of establishing the fact that he has been injured and a reasonable basis for determining the money value of those injuries, and damages may not be awarded on the basis of conjecture or speculation. CRIMEV ICTIMS COMPENSATION ACT-only out-of-pocket losses compensable. The Court of Claims has held that under the Crime Victims Compensation Act only actual out-of-pocket losses are compensable, and those losses are defined as losses which can be proved with a reasonable degree of certainty. SAME-replacement services not compensable at time of incident. In an action for compensation under the Crime Victims Compensation Act, a Claimant was not entitled to be compensated for replacement services lost, since at the time of the incident, lost replacement services were not a compensable item, and the law in effect at the time of the incident is applicable to crime victims cases. 316

SAME-violent crime-Claimant’s husband killed-no evidence of lost support-maximum award for funeral expenses granted. In an action for compensation based on the death of Claimant’s husband as a result of a violent crime, the Court of Claims granted an award only for the maximum amount allowable for funeral expenses, since the evidence failed to establish any loss of support, since the husband’s income prior to his death consisted of rental income from apartments, and Claimant continued to receive that income subsequent to his death.

HOLDERMAN, J. This claim arises out of a violent crime that occurred on November 25, 1981, as a result of which Jose A. Lopez was killed. The claim is brought by Alicia Lopez, widow of the victim, seeking compensation pursuant to the provisions of the Crime Victims Compensation Act, hereinafter referred to as the Act. On November 21, 1985, Claimant and Respondent stipulated at a hearing that Claimant is entitled to $2,000.00, the maximum amount of compensation available, for her paid funeral expenses. The question at issue here is whether Claimant is entitled to an award of crime victims compensation for loss of support. The record shows that during the six months immediately preceding the date of the incident for which compensation is sought, the decedent owned an apartment building in which he rented apartments to tenants. This was the only work decedent was engaged in at the time of his death. Claimant received the total rental income after the death of decedent, as she and decedent had prior to his death, until she sold the building in April of 1982. Respondent contends Claimant is entitled to a $2,000.00 maximum award for funeral and burial expenses which she incurred and paid subsequent to the 317 crime. Respondent further contends Claimant is not entitled to an award of compensation for loss of support as she did not sustain an actual pecuniary loss of support as a result of the incident. The Court has adopted the ordinary and common definition of the word earnings which is, “something earned as compensation for labor or the use of capital.” (See In re Application of Chandler (1978), 76-CV-878.) The only earnings of decedent during the six months immediately preceding the date of his death came from rents paid to him and his wife from tenants in the apartment building they owned. After her husband’s death, Mrs. Lopez testified at a hearing that she continued to receive the rental income until she sold the building. Upon the sale of the building, she received the amount she agreed to accept. There- fore, Respondent contends, Claimant has not sustained a pecuniary loss compensable under the Act. The general rule in Illinois is that the party seeking to recover damages has the burden of establishing both the fact that he has been injured and a reasonable basis for determining the money value of those injuries. (Ashe v. Sunshine Broadcasting Corp. (1980), 90 Ill. App. 3d 97, 101, 412 N.E.2d 1142,, 1145; Brewer v. Custom Builders Corp. (1976), 42 Ill. App. 3d 668, 677, 356 N.E.2d 565, 573.) (Although the present case is not a typical “damage” case, an award under the Crime Victims Compensation Act is analogous.) Further, damages may not be awarded on the basis of conjecture or speculation. Alover Distributors, Znc. v. Kroger Co. (1975), 513 F.2d 1137,1141; Shoeneweis v. Herrin (1982), 110 Ill. App. 3d 800,443 N.E.2d 36. 318 To follow the line of reasoning by Claimant, the Court would have to engage in speculation as to whether or not the Lopez’ would have kept the building or sold it for a greater amount. This Court has held that only actual out-of-pocket losses which it has defined as “losses which can be proven with a reasonable degree of certainty” are compensable under the Act. See In re Application of Reyes (1979), 35 Ill. Ct. C1. 498, 503. Claimant, in her brief, argues that her husband would have been paid $10,400.00 during the six months immediately preceding the date of the crime. Such an estimate is highly speculative and doubtful given the fact that Claimant’s tax return for the tax year 1981 shows repair expenses on the apartment building in the amount of only $1,995.72.Claimant also states she had to hire persons to perform the repair and maintenance tasks her husband had performed. Replacement services lost was not a compensable item under the Act at the time of the incident and, therefore, cannot be considered for compensation since the law in effect on the date of the injury is applicable to crime victims cases. (See Village of Wilsonville v. S.C.A. Services, lnc. (1981), 86 Ill. 2d 1, 426 N.E.2d 824.) Further, in order to compensate for replacement services lost, evidence must be presented to show the actual amount Claimant spent for the replacement services. It is the Court’s opinion that Claimant is entitled to an award of $2,000.00 for funeral expenses she incurred and paid as the result of the violent crime committed against her husband. Claimant is not entitled to an award for loss of support as she sustained no pecuniary loss as the result of her husband’s death since she continued to receive the rental income subsequent to his death. The Court calls attention to the fact that no actual figures 319 , upon which an award could be based have been pre- 1 sented to the Court. I The Court hereby enters an award in favor of Claimant in the amount of $2,000.00 for funeral expenses and denies the remainder of her claim. 1

(No. 84-CV-1144-Claim denied.) In re APPLICATION OF RODOLFOCOREAS. Opinion filed April 22,1987. RODOLFOCOREAS, pro se, for Claimant.

NEIL F. HARTIGAN, Attorney General (SALLIE MANLEY, Assistant Attorney General, of counsel), for Respondent.

CRIME VICIIMS COMPENSATION Am-“pecuniary loss” defined. For purposes of the Crime Victims Compensation Act, “pecuniary loss” is a medical or hospital expense, expense for medically required nursing care, loss of future earnings and other similar expenses, and in ordei to be entitled to compensation under the Act, the pecuniary loss must be at least $200.00. SAME-robbery-Cbimnt shot-no loss-claim denied. The victim of a shooting which occurred during a robbery was denied compensation, since the evidence established that the Claimant was unemployed, his medical expenses were mostly paid by the Department of Public Aid, and there was no evidence that Claimant suffered a compensable pecuniary loss.

I PATCHETT, J. I I This cause comes after ,a hearing held before a 1 I commissioner of this Court. This Court finds that the i complaint was filed May 15,1984, seeking compensation for medical and hospital expenses pursuant to the Crime I Victims Compensation Act. Ill. Rev. Stat. 1983, ch. 70, par. 71 et se9. i 320 The Claimant was shot during a robbery on September 19, 1983, at Primo’s Lounge, 1203 West 47th Street, Chicago, Illinois. He was first taken to Mercy Hospital and treated for gunshot wounds to his left arm and shoulder. He was then transported to Cook County Hospital for further treatment. Claimant does not seek recovery for loss of earnings, as he was unemployed at the time of this incident. Claimant appeared without counsel, although his application was originally prepared by counsel. The Claimant was difficult to understand, as English was his second language. Despite continuous and vigorous attempts by the commissioner and the Assistant Attorney General to communicate with the Claimant, communication proved difficult. No court reporter was present during this hearing because of the problem of communication between the Claimant and the Court. Investigation by the office of the Attorney General disclosed that the Claimant had been a recipient of public aid since 1982, and that the Department of Public Aid had paid for most of his expenses at Mercy Hospital. All of his expenses at Cook County Hospital were paid by the Department of Public Aid. Therefore, the Claimant has no unpaid balance at either hospital. The office of the Attorney General sent the Claimant two notices by certified mail requesting documentation of any expenses unpaid by him. They received no response. On January 17,1986, the Attorney General’s Office filed a motion to dismiss the claim for want of prosecution. The Court dismissed the claim, and on May 15, 1986, the Claimant requested a hearing which was held before the commissioner of this Court 321 on August 7, 1986. At the hearing, the Claimant failed to submit any evidence that he had suffered pecuniary loss. Section 2 (h) of the Crime Victims Compensation Act (Ill. Rev. Stat. 1983, ch. 70, par. 72(h)) defines a pecuniary loss for one who is injured as a result of a violent crime as medical and hospital expenses, medically required nursing care, loss of future earnings because of disability resulting from the injury, and other similar expenses. The Claimant offered no evidence of any unpaid or paid medical expenses by him. The Claimant also suffered no loss of earnings since he was unemployed at the time of the incident. Where Claimant fails to show a pecuniary loss, the Court has denied compensation. (In re Application of Korneder (1983), 35 Ill. Ct. C1. 1001; In re Application of Moreno (1983), 35 Ill. Ct. C1. 1003; In re Application of Thomas (1981), 35 Ill. Ct. C1. 522; In re Application of Reyes (1979), 35 Ill. Ct. C1. 498.) Section 6.l(b) of the aforesaid Act further requires that the Claimant have a pecuniary loss of $200.00 or more in order to recover. The Claimant, in the case at hand, had none. Section 8.1 of the Act places the burden substantiat- ing a claim on the Claimant. (In re Application of Reyes (1979), 35 Ill. Ct. C1.498.) Since the Claimant can prove no loss, we hereby deny this claim.

(No. 86-CV-0322-Claim denied.)

In re APPLICATION OF ALBERTA WILLIAMS. Order filed May 15,1987.

ALBERTA WILLIAMS, pro se, for Claimant. 322

NEIL F. HARTIGAN, Attorney General (SALLIE MANLEY, Assistant Attorney General, of counsel), for Respondent.

CRIME VICTIMS COMPENSATION Acr-provocation by victim negates right to compensation. A person filing a claim for compensation under the Crime Victims Compensation Act is not entitled to compensation if the victim’s injuries or death were substantially attributable to the victim’s own wrongful act or substantially provoked by the victim. SAME-victim instigated fight leading to stabbing and death-claim denied. The surviving mother of a victim, who was stabbed to death during a fight which the victim instigated while he was drinking with the perpetrator, was denied compensation for funeral expenses, since the evidence established that the perpetrator was acting in self-defense, and no compensation is allowed under such circumstances.

PER CURIAM. This claim was brought by Alberta Williams, mother of Joe Henry Williams, pursuant to the Crime Victims Compensation Act (Ill. Rev. Stat. 1981, ch. 70, par. 71 et se9.) for funeral expenses incurred as a result of the death of Joe Henry Williams on August 30, 1985. The immediate cause of death was a stab wound of the chest. The Chicago police initially arrested Clifford Willis for investigation with regard to Joe Henry Williams’ death. He was later released without any charges being filed against him. Section 6.l(f) of the Crime Victims’ Compensation Act states that a person in the position of Mrs. Williams is not entitled to compensation if the death of the victim was substantially attributable to the victim’s own wrongful act and was substantially provoked by the victim. See Marchetti v. State (1980), 33 Ill. Ct. C1. 433. The evidence shows that the victim and Willis were in an automobile belonging to Willis when they began to argue and Williams began to beat Willis. Willis was knocked to the ground outside the car whereupon 323

Williams pulled out a knife but did not use it. Minutes later, Willis was again attacked by Williams but this time took the knife away from Williams and stabbed him once. The evidence shows both men had been drinking prior to the incident. Claimant, Alberta Williams, was not a witness to the altercation. It is the opinion of the Court that Joe Henry Williams was the instigator in this incident which led to his own demise. Willis acted in self-defense and therefore this claim should be denied. This claim is hereby denied.

(No. 86-CV-0599-Claimant awarded $2,000.00.)

In re APPLICATION OF JOHN L. VASCONCELLES. Opinion filed October 20,1986.

ROGER C. DENTON,for Claimant.

NEIL F. HARTIGAN, Attorney General (SALLIE MANLEY, Assistant Attorney General, of counsel), for Respondent.

CRIME VICTIMS COMPENSATION Am-when compensation may be granted for funeral and medical expenses. Under the Crime Victims Compensation Act, compensation may be granted for funeral, medical and hospital expenses paid by a person related to the victim even though there is no dependency. SAME-deductions considered in awarding compensation. Pursuant to the Crime Victims Compensation Act, the Court of Claims must deduct $200.00 from all claims, and the amount of benefits, payments or awards payable under the Workers’ Compensation Act, Dramshop Act, Federal Medicare, State Public Aid, Federal Social Security Administration burial benefits, Veterans Administration burial benefits, health insurance, or from any other source, except annuities, pension plans, Federal Social Security payments payable to dependents and the net proceeds of the first $25,OOO.00 of life insurance that would inure to the benefit of the applicant. 324

SAME-murder uictim-father granted maximum award for funeral expenses. The surviving father of a murder victim was granted the maximum award for funeral expenses paid as a result of his son’s death, and he was allowed the right to reopen the consideration of his claim in the event of the payment of a compensable amount toward the outstanding medical expenses incurred as a result of the incident. POCH,J. This claim arises out of an incident that occurred on August 23, 1985. John L. Vasconcelles, father of the deceased victim, Mark J. Vasconcelles, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act. Ill. Rev. Stat. 1979, ch. 70, par. 71 et se9. This Court has carefully considered the application for benefits submitted on November 25, 1985, on the form prescribed by the Attorney General, and an investigatory report of the Attorney General of Illinois which substantiates matters set forth in the application. Based upon these documents and other evidence submitted to the Court, the Court finds: 1. That the Claimant’s deceased son, Mark J. Vasconcelles, age 29, was a victim of a violent crime as defined in section &(c)of the Act, to wit: murder (Ill. Rev. Stat. 1979, ch. 38, par. 9-1). 2. That on August 23, 1985, the victim was shot, allegedly by an offender who was known to him. The incident occurred in a parking lot located at Sangamon State University, Springfield, Illinois. Police investigation revealed that the victim was leaving work when the offender approached him. The offender then produced a gun and for no apparent reason, shot the victim twice. The victim was taken to Memorial Medical Center where he was pronounced dead ‘on arrival. The alleged offender has been ‘apprehended and charged with I

325 murder. Criminal proceedings against him are currently pending as he has been found to be mentally unfit to stand trial at this time. 3. That the Claimant seeks compensation under the Act for funeral expenses and for medical expenses incurred prior to the victim’s death. The Claimant was not dependent upon the victim for support. 4. That according to section lO.l(c) of the Act, a person related to the victim is eligible for compensation for funeral, medical and hospital expenses provided that such expenses were paid by him. 5. That funeral and burial expenses were paid by the Claimant in the amount of $5,359.48. Pursuant to section 2(h) of the Act, funeral and burial expenses are compensable to a maximum amount of $2,000.00. 6. That the Claimant submitted an ambulance bill in the amount of $212.50, $62.00 of which was paid by insurance, leaving a balance of $150.00. The Claimant has not paid this balance. Therefore, pursuant to section lO.l(c) of the Act, this bill cannot be considered for compensation at this time. 7. That pursuant to section lO.l(e) of the Act, this I Court must deduct $200.00 from all claims, (except in the case of an applicant 65 years of age or older) and the I amount of benefits, payments or awards payable under I the Workers’ Compensation Act, Dramshop Act, 1I Federal Medicare, State Public Aid, Federal Social 1 Security Administration burial benefits, Veterans I Administration burial benefits, health insurance, or from I any other source, except annuities, pension plans, I Federal Social Security payments payable to depen- t dents of the victim and the net proceeds of the first I $25,000.00 (twenty-five thousand dollars) of life I I 326 insurance that would inure to the benefit of the applicant. 8. That the Claimant has received nothing in reimbursements as a result of the victim’s death that can be counted as applicable deductions. 9. That the Claimant may petition the Court to reopen consideration of his claim should he pay a compensable amount toward the outstanding medical expenses incurred as a result of the victim’s death, pursuant to section 16 of the Act. 10. That after making all the applicable deductions under the Act, the Claimant’s loss is in excess of the $2,000.00 maximum award deemed compensable under the Act for funeral benefits. It is hereby ordered that the sum of $2,000.00 (two thousand dollars) be and is hereby awarded to John L. Vasconcelles, father of the deceased victim, Mark J. Vasconcelles, an innocent victim of a violent crime. CRIME VICTIMS COMPENSATION ACT OPINIONS NOT PUBLISHED IN FULL FY 1987

77-CV-0187 Burnette, Lucille Dismissed 77-CV-0332 Leen, Mary Anne Dismissed 77-CV-0440 Poremba, Pauline A. & Michael J. Dismissed 77-CV-0526 Fernandez, Elpidio $ .oo 78-CV-0147 Meyer, Vera 5,117.00 78-CV-0319 Woehrle, Howard Dismissed 78-CV-0332 Parker, Gregory 8,397.12 79-CV-0259 Stan, Harry 828.66 79-CV-0590 Lampton, Virginia Dismissed 80-CV-0705 Santoyo, Margaret A. Dismissed 81-CV-0032 Heacox, Warner L., I 2,000.00 81-CV-0111 Billups, Ronnie Dismissed 81-CV-0130 Arroyo, Victor Dismissed 81-CV-0293 Jackson, Robert O., Jr. Dismissed 81-CV-0840 Anderson, Mary Jane Dismissed 81-CV-0843 Collado, Mary Ann 15,000.00 81-CV-0852 Rudy, Frances 431.46 81-CV-0891 Ramirez, Jose Dismissed 81-CV-0928 Utley, Anthony S. 582.54 82-CV-0063 Johnson, Bobby Dismissed 82-CV-0173 Szpunar, Janina 7,583.19 82-CV-0327 Foust, Carol & Alma S. 989.67 82-CV-0618 Huetson, Linda 2,768.00 82-CV-0672 Durn, Grozie 5,407.50 82-CV-0855 Rogers, Wylie Dismissed 82-CV-0871 Vacca, Spirit J. 15,000.00 82-CV-0877 Boone, Betty J. 1,413.72 83-CV-0024 Jacobazzi, Nicholas J. Denied 83-CV-0029 Ligas, Lawrence J. 2,540.00 83-CV-0107 Brice, Keith 1,069.38 83-cv-0191 Pierson, Linda E. Dismissed 83-cv-0202 Lynch, Betty Denied 83-CV-0207 Oxendine, Jasper M. 32.44 83-cv-0226 Herrmann, Karin Dismissed 83-cv-0231 Oxendine, Alma C. 126.70 83-CV-0304 Feaster, Otis S, 15,000.00 83-cv-0349 Hildebrant, Fredric Martin Dismissed 327 328

83-CV-0389 Brooks, Maynolia 700.00 83-CV-0395 Jordan, Ann and Jordan, Joe C. 1,934.00 83-CV-0397 Therrell, Bennie Dismissed 83-CV-0451 Dixon, Mary Patricia Denied 83-CV-0464 Rica, Carla Y. Costa 484.50 83-CV-0476 Ariganello, Carol Denied 83-CV-0528 Lemus, Sergio 15,000.00 83-cv-0542 DeCarlo, Baldossare T. Dismissed 83-CV-0543 DeCarlo, Vivian Dismissed 83-CV-0544 Araiza, Juan C. 1,49133 83-CV-0614 Hurn, Ethel J. 15,000.00 83-CV-0622 Chatman, Raymond Denied 83-CV-0630 See, Patricia L. Denied 83-CV-0641 Kirk, Kyle K. 1,458.60 83-CV-0653 Roper, Raymond W. 1,800.00 83-CV-0664 Kolb, Lorraine Denied 83-CV-0703 Holbrook, Jack A., Jr. 476.85 83-CV-0716 DeFranco, Barbara Dismissed 83-CV-0765 Lopez, Trinidad Dismissed 83-CV-0767 Henderson, Virgil E. Dismissed 83-CV-0783 Lonski, John Dismissed 83-cv-0835 Hall, Joseph S. 1,120.00 83-CV-0877 Duffy, Thomas P. 387.76 83-CV-0883 Sloan, Kathleen M. Dismissed 83-CV-0904 Hill, Larry Dismissed 83-CV-0915 Kim, Too-Pi1 Dismissed 83-CV-0947 Ware, Joddie Mae 1,831.00 83-CV-0958 Hood, Dale Dwayne Dismissed 83-CV-1005 Belsan, Diane 723.16 83-CV-1018 Jackson, Melvin 7,636.94 83-CV- 1036 Miller, Ronald 579.02 83-CV-1051 Miller, Tina 1,612.87 83-CV-1108 Pikulski, Steve Denied 83-CV-1187 Cullins, Evelyn R. 13,000.00 83-CV-1243 Evans, Julia M. 609.00 83-CV-1247 Hanner, Ronald Q. 4,458.44 84-cv-0011 Poole, Elaine 7,269.50 84-CV-0013 Jones, William H. Dismissed 84-CV-0027 Horewitch, Bill 841.11 84-CV-0030 Klimke, Scot Dismissed 84-CV-0038 Cooper, Rodney Dismissed 329

84-CV-0042 Brazier, Cleverine Dismissed 84-CV-0050 Dobbs, James E. 11,463.54 84-CV-0062 Keyes, Gregory Denied 84-CV-0071 Rogers, Hattie J. Denied 84-cv-0077 Wilgus, William 677.80 84-CV-0082 Brice, Keith Denied 84-CV-0085 Harris, Evelyn B. and Harris, Frank Denied 84-cv-0094 Goranson, Roger Richard 1,205.00 84-CV-0095 Schmidt, Felice 474.66 84-CV-0113 Ash-Shaheed, Rashidah Dismissed 84-cv-0155 Young, Olis 252.57 84-CV-0183 Kennedy, Thomas F. 5,279.27 84-cv-0184 Lodhia, Ebrahim 1,691.77 84-CV-0188 Romero, Pedro 1,630.66 84-CV-0206 Godinez, Nick R. 1,900.00 84-cv-0210 Morrow, Benjamin Beck Denied 84-cv-0220 Robinson, Lee R. Dismissed 84-cv-0251 Hermosillo, Daniel J. 600.00 84-cv-0259 Munson, Eric Dismissed 84-CV-0262 Latham, William P.E. Dismissed 84-CV-0281 Ouimet, Barbara L. 4.54 84-CV-0291 Walker, Virgil 7,054.00 84-CV-0318 Taylor, Edward A., Jr. 1,265.75 84-cv-0340 Baker, John Henry, Jr. Dismissed 84-CV-0357 Lopez, Teresa Aguirre Denied 84-CV-0367 Cavaliere, Frank Dismissed 84-CV-0410 Chehreh-Tab, Teymour Dismissed 84-CV-0418 Kind, James Denied 84-cv-0434 Carr, Rollie 91.44 84-CV-0515 Mendoza, Mario Dismissed 84-CV-0522 Nilsen, Marie 1,114.12 84-CV-0577 Trentz, Gary M. Dismissed 84-CV-0601 Verstraete, Angela 400.00 84-cv-0621 Burchette, Antonio Dismissed 84-CV-0622 Cole, John Dismissed 84-CV-0628 Kouimelis, Mike Denied 84-CV-0631 Washington, Gina (Mosley) and Mosley, Camillia 15,000.00 84-CV-0636 Dixon, Essie B. Denied 84-CV-0639 Taturn, Darlene Denied 84-CV-0689 Smith, Larry Darnel1 and Smith, Althea 788.98 330

84-CV-0722 Rider, Kathleen M. 874.93 84-CV-0743 Williams, Charles Dismissed 84-CV-0751 Payne, Chris J. Denied 84-CV-0790 Caldera, Manuel Rodriguez Dismissed 84-CV-0813 Johnson, James Kevin 1,029.28 84-cv-0830 Brooks, Brian Dismissed 84-CV-0880 Arteaga, Manuela Almaraz and Arteaga, Amador 1,052.16 84-cv-0904 Allbritton, Leon Dean 4,024.75 84-cv-0923 Dickens, Loretha 2,000.00 84-cv-0926 Johns, Karen Denied 84-cv-0934 Johnson, Larkin ik Robinson, Alfred, Jr. Dismissed 84-CV-0952 Hertzberg, Esther, by Patrick Murphy, Guardian Dismissed 84-CV-0958 Hunter, Earlene Denied 84-cv-0961 Costas, Oscar Denied 84-CV-0962 Hoffman, Laraine Denied 84-CV-0974 Heafey, Allan Remi Dismissed 84-cv-0985 Sienieniec, John Dismissed 84-CV-0987 Sykes, Birdie Lee Dismissed 84-CV-0993 Brown, Curtis A. 5,816.02 84-cv-1012 Vazquez, Jose Manuel 284.65 84-cv-1021 McCullom, Rosemary and McCollum, Lu- cindy 11,250.00 84-CV-1039 Fleming, Charlesetta Dismissed 84-CV-1073 Shores, Phyllis Myra and Shores, Venelea 1,786.10 84-CV-1074 White, Robert Dismissed 84-CV-1092 Guillen, Gilberto, Sr.; Gilberto, Jr.; Antonio R.; Estudillo, Bertha 2,000.00 84-cv-1100 Oldham, Carol Hollesen Dismissed 84-cv-1122 Doyle, Richard W. Denied 84-CV-1131 Vernier, John Dismissed 84-cv-1133 Vernier, John Dismissed 84-cv-1134 Vernier, John Dismissed 84-cv-1138 Jones, Lois Denied 84-CV-1139 Walker, Lloyd L. Dismissed 84-CV-1143 Parks, Carlos C. Dismissed 84-CV-1169 Patterson, Alphredia 15,000.00 84-CV-1192 Buojac, Frank Dismissed 84-cv-1202 Souranis, Spiros 1,687.03 84-CV-1203 Valdez, Rogelio 131.99 331

84-CV-1243 Glazer, Morton S. 350.00 84-cv-1266 Baranda, Jorge Dismissed 84-CV-1279 Kozora, Donald R. Denied 84-CV-1286 Echols, Dorothy 15,000.00 84-cv-1289 Robinson, Shirley and Hanks, Stephanie. 5,187.50 84-cv-1290 Bell, Deborah Ann Dismissed 85-CV-0014 Arnold, Louise Dismissed 85-cv-0026 Pearson, Eugene C. Denied 85-cv-0035 Brown, Christine M. Denied 85-CV-0039 Harvey, Brunetta Dismissed 85-CV-0070 Byrd, John A. Dismissed 85-cv-0077 Garrett, Lois Dismissed 85-cv-0091 Sylvester, James E. 1,716.40 85-CV-0108 Estrello, Rosalinda and Estrello, Niceforo R. 2,000.00 85-cv-0109 Sohn, Anthony Dismissed 85-CV-0117 Green, Bernice D. 2,000.00 85-cv-0125 Pruitt, Dorothea Denied 85-CV-0141 Jackson, Kaaren 10,827.50 85-CV-0146 Rivera, Efrain Dismissed 85-CV-0151 Davis, Van J. 2,000.00 85-CV-0175 Clark, Ralph C. Denied 85-CV-0182 McBee, Steven Wayne Dismissed 85-CV-0192 Ballentine, Alonzo, Jr. Dismissed 85-cv-0205 McGuire, J. M. 6,776.10 85-CV-0248 Brandon, Matthew, Jr. 15,000.00 85-CV-0263 Lopez, Catalina 15,000.00 85-CV-0268 House, Freddie Dismissed 85-CV-0273 Tomlin, Edward 2,047.40 85-CV-0277 Brown, Vanessa 5,182.40 85-cv-0282 Jones, Michael J. Denied 85-cv-0284 Najar, Virginia Dismissed 85-CV-0289 Vaughn, Roy Dismissed 85-CV-0291 Yosko, Kathleen C. 2,560.00 85-CV-0306 Lara, Jose M. Dismissed 85-CV-0316 Clay, Sally 8,280.00 85-CV-0323 Jackson, Monda; Jackson, Mary; Weathers, Loretta; and Conway, Charlene 15,000.00 85-CV-0325 Jones, Woodroe 2,465.99 85-CV-0336 Edwards, George Dismissed 85-cv-0353 Dennis, Sherry J. 15,000.00 85-CV-0362 Powell, John A. Denied 332

85-CV-0364 Smith, Marilyn and Smith, Stella 2,000.00 85-CV-0365 Tanaphong, Suvit 2,247.65 85-CV-0371 Platis, Kimberly L. Dismissed 85-CV-0390 Jackson, William Mack Denied 85-CV-0401 Harris, Roy M. Denied 85-CV-0413 Anderson, Phillip Dismissed 85-CV-0425 Mayen, Israel Denied 85-CV-0440 Baker, Patricia 15,000.00 85-CV-0449 McAdams, Luther J., Jr. Denied 85-CV-0457 Chambers, Bobbie 360.48 85-CV-0458 Hawkins, Michael Wayne Dismissed 85-CV-0470 Wellhausen, Linda 15,000.00 85-CV-0473 Gonzales, Frank F., Sr. 2,000.00 85-CV-0483 Tamayo, Luis Denied 85-CV-0496 Lee, Mabel Denied 85-CV-0497 Powell, Linda Dismissed 85-CV-0535 Brown, Patricia M. Denied 85-CV-0551 Wicherek, Dolores F. Dismissed 85- C V-0558 Lucas, Louise 564.60 85- C V-0562 Franco, Jose 1,420.00 85-cv-0569 Brown, Patricia M. 160.00 85- C V-0590 Cross, Franklin H., Sr. Denied 85-CV-0605 Roudebush, John M. 734.52 85-CV-0606 Germany, Carla M. Dismissed 85-CV-0609 Cannon, Roger 15,000.00 85-CV-0620 Ramirez, Elveria 14,513.00 85-CV-0622 Hawkins, Joe Denied 85-CV-0634 Cobbs, Regina 15,000.00 85-CV-0635 Dudley, Steven 297.55 85-CV-0640 Bailey, Carolyn Denied 85-CV-0653 Sanders, Terry Dismissed 85-CV-0658 Cross, Leslie Dismissed 85-CV-0664 Ledezma, Isidro 2,374.34 85-CV-0692 Galloway, Troy A. 8,563.25 85-CV-0696 Polak, Vaune 0. Dismissed 85-CV-0702 Brown, Michael Edwin Dismissed 85-CV-0708 Weston, Herbert 9,248.65 85-CV-0719 Beckman, Edward J. Denied 85-CV-0729 Kosin, Robert 1,500.00 85-CV-0735 Golden, David 6,637.74 I

333

85-CV -0736 Larson, Peter Denied 85-CV-0738 Harris, Suzette 1,128.38 85-CV-0746 Niemet, Nancy A. Dismissed 85-CV-0755 Wardlow, Sam, Jr. Denied 85-CV-0783 Przetacznik, Rita Anne Coty Denied 85-CV-0789 Makosky, Anita D. 1,254.60 85-CV-0817 Evancho, Cathy (Bradshaw) 3,168.80 85-CV-0818 Bradshaw, William B. Denied 85-CV-0825 Ells, Edna E. 940.67 85-CV-0826 Foster, Bernard Denied 85-cv-0828 Ghani, Sameer Denied 85-CV-0839 Mendenhall, Janice Lee Denied 85-CV-0844 Ruiz, Michelle Chamorro Dismissed 85-CV-0849 Szuper, Susan Denied 85-CV-0858 Williams, Rosemary 73.00 85-CV-0867 Bozis, Constantinos 1,119.70 85-CV-0870 Rivera, Elida Dismissed 85-CV-0871 Shaw, LaVerne a/k/a Sharon Morrow Dismissed 85-CV-0874 Contreras, Alfonso Dismissed 85-CV-0879 Mack, Berta Denied 85-CV-0894 Gunn, Dorothy 2,000.00 85-CV-0896 Laws, Mildred L. 500.00 85-CV-0904 Cowley, Don N. 69.33 85-CV-0912 Reynolds, George 3,850.72 85-cv-0919 Hill, General A. 2,000.00 85-CV-0920 Imburgia, Dolores T. 222.25 85CV-0933 Owens, Olivia Denied 85-CV-0938 Hernandez, Rudy, Jr. Dismissed 85-CV-0939 Hill, Robert 1,342.03 85-CV-0940 Lewis, Norma Dismissed 85-CV-0942 Staller, Joseph 8.00 85-CV-0973 Obiahuba, Ngozika I. Dismissed 85-CV-0976 Nowicki, Harriet 77.20 85-cv-0990 Shelton, Danny Ray Denied 85-CV-1002 Gonzalez, Adolfo Denied 85-CV-1003 Hernandez, Francisco Dismissed 85-CV-1004 Hunter, Lubertha 225.00 85-CV-1015 Rueter, Helen N. Denied 85-cv-1035 Economou, George E. Dismissed 85-CV-1043 Kokkines, Wendy Dismissed 85-CV-1071 Sanders, Wiley C. 1,306.50 334

85-CV-1072 Stacker, Shelia Denied 85-CV-1076 Oden, Charles Dismissed 85-CV-1086 Diaz, Felix 2,000.00 85-CV- 1091 Scubelek, David R. Denied 85-CV-1092 Brello, Linda Denied 85-CV-1096 Goodman, Carolyn 2,000.00 85-CV-1097 Makris, George 15,000.00 85-CV- 1100 Ross, Vadah Marie Curfman 2,000.00 85-cv-1106 DeMenchaca, Arminda Garcia and DeMen- chaca, Anita Gomez and DeMenchaca, Carmen 8,250.00 85-CV-1116 Ford, Sharon Y. Denied 85-cv-1124 Rager, Marie C. 15,000.00 85-CV-1130 Blair, Beverly Jan Dismissed 85-CV-1136 Lofton, James E., Jr. 1,197.56 85-CV-1139 Cortez, Rafael 1,384.92 85-CV-1146 Garcia, Martin Denied 85-CV-1157 Hagerud, Joyce Denied 85-CV-1158 Hukic, Bajro 6,596.46 85-CV-1168 Harrison, Joanna Dismissed 85-CV-1170 Hemphill, Jessie Mae 2,000.00 85-CV-1171 Haywood, Eddie B., Jr. 6,473.96 85-cv-1183 Cox, Gloria Ann Denied 85-CV-1186 Goudschaal, Stephen Denied 85-cv-1194 Winston, Michael 75.86 85-CV-1203 Lindsley, Richard N. 4,429.49 85-CV-1206 Olson, James E. 2,875.00 85-CV-1208 Perez, Sipriano Denied 85-CV-1210 Soria, Rogelio 106.81 85-CV-1213 Davis, Bettie L. 960.00 85-CV-1214 Davis, Bettie L. .oo 85-CV-1215 Johnson, Antonio Denied 85-CV-1219 Thomas, Beatrice 1,854.50 85-cv-1220 Todd, Wilmar, Mrs. Denied 85-CV-1229 Spicer, Mary Heard and Heard, Alice 10,500.00 85-CV-1232 Baker, Curtis B. Dismissed 85-cv-1236 Dum, Alan N. 676.18 85-cv-1249 Jones, Sidney Dismissed 85-CV-1256 Rivera, Francisco 2,676.32 85-CV-1257 Szymborski, Daniel 2,170.18 85-CV-1262 Dougherty, Thomas and Dougherty, Beth J 327.57 335

85-CV-1268 Coburn, Loleta Dismissed 85-CV-1269 Demetzensky, Alex Denied 85-CV-1272 Parker, Elijah Dismissed 85-CV-1274 Torres, Grace 15,000.00 85-CV-1275 Freitas, Richard N., Jr. Denied 85-CV-1281 Haglund, Donald 0. 424.95 85-CV-1294 Urba, Christopher W. Denied 86-CV-0002 Escobedo, Maria G. Dismissed 86-CV-0008 Villasenor, Moses 2,000.00 86-CV-0014 Hawkinson, Astrid 196.50 86-CV-0019 Soparas, Stanley C. 451.70 86-CV-0036 Brownie, Doris Norma 557.30 86-CV-0037 Dobos, Zoltan 6,921.90 86-CV-0049 Hoskins, Linda Dismissed 86-CV-0054 Wilson, Connie Dismissed 86-CV-0058 Murray, Sidney 15,000.00 86-CV-0064 Ferguson, Jeanette Denied 86-CV-0065 Ornelas, Javier Denied 86-CV-0067 Dogan, Phil H., Sr. Denied 86-CV-0068 Lewis, Jean 103.56 86-CV-0085 Lauschke, Alan L. 2,768.44 86-CV-0088 Corona, Miguel 15,000.00 86-CV-0089 Arroyo, Ana Doris 2,000.00 86-CV-0090 Barjakterevic, Zagorka 15,000.00 86-CV-0095 Cummings, Beatrice E. 675.00 86-CV-0096 Del Pilar, Angelina Fernandez 3,620.40 86-CV-0103 Conlon, Harriet 192.00 86-CV-0108 Casey, Daniel Denied 86-CV-0110 Contacessi, Vincent Denied 86-CV-0112 Kirk, Audrey 3,268.55 86-CV-0118 Clark, Charles E. Dismissed 86-CV-0124 Jackson, Rochelle 2,000.00 86-CV-0128 Dvorak, Ann 320.52 86-CV-0129 Harvey, Ora L. 15,000.00 86-CV-0134 Moody, Lenolia Dismissed 86-CV-0136 Oquist, Elsie 1,067.00 86-CV-0144 Smith, Alexander Dismissed 86-CV-0148 Bales, Carey L. 2,230.42 86-CV-0151 Carrell, Anthony 652.00 86-CV-0153 Harris, Nellie Denied 86-CV-0161 Strava, Jackie L. Denied 86-CV-0163 Smith, Roberta L. Dismissed 86-CV-0165 Bernahl, Cindy Ann Dismissed 86-CV-0176 James, Elaine Denied 86-CV-0179 Wallace, Pamela Gail 311.00 86-CV-0190 Everhart, Linda 2,000.00 86-CV-0202 Chiu, Chiu Ning 1,806.36 86-CV-0203 Moyer, Collen (Grachen) 14,171.82 86-CV-0207 Orange, Florida L. 1,958.65 86-CV-0218 Rios, Milagros Dismissed 86-CV-0221 Barnes, Romelvin 455.46 86-CV-0223 Holmes, Marilyn 1,583.28 86-CV-0230 Garrett, Robert W. Denied 86-CV-0232 O’Toole, Kevin K. 480.50 86-CV-0233 Burgin, Herbert C., Jr. 660.65 86-CV-0235 Gulotta, John 2,750.00 86-CV-0240 Reynolds, Fred D. 12,954.79 86-CV-0243 Uczciwek, Kathleen 2,077.80 86-CV-0246 Beavers, Leon Denied 86-CV-0247 Choe, Yung Won 24.60 86-CV-0248 Hannah, Lester N. Denied 86-CV-0252 Fabre, Francisco Denied 86-CV-0258 Ruszel, Robert E. . 1,606.09 86-CV-0264 Howell, Mark E. Denied 86-CV-0269 Young, Donald L. 7,481.65 86-CV-0289 Lindsey, Paul W. 1,270.38 86-CV-0291 McGhee, Tanya Dismissed 86-CV-0295 Barnett, Geney R. Dismissed 86-CV-0299 Duncans, Evelyn 605.00 86-CV-0303 Lapke, Harriette D. Denied 86-CV-0313 Buckner, Sandra M. 15,000.00 86-CV-0316 Gilbert, Kathy A. Denied 86-CV-0320 Lynch, Cleaster Denied 86-CV-0324 Jordan, Larry Denied 86-CV-0326 Logsdan, Scott Denied 86-CV-0328 Abraham, Marie Dismissed 86-CV-0330 Cole, Hazel 15,000.00 86-CV-0332 Jacinto, Epifanio 1,117.30 86-CV-0335 Partida, Rogelio 2,661.53 86-CV-0341 Clark, Constance M. 654.46 86-CV-0342 Fields, Claude L., Jr. 754.54 86-CV-0345 Harris, Doris Denied 337

86-CV-0360 Corona, Maria 15,000.00 86-CV-0362 Granderson, William 1,450.00 86-CV-0368 Robey, Grider Denied 86-CV-0371 Shipley, Robert M. Denied 86-CV-0377 Cardona, Frederico Denied 86-CV-0384 Hernandez, Dolores C. Denied 86-CV-0385 Lashley, Mari Denied 86-CV-0396 Malito, Deborah J. 57.83 86-CV-0405 Brent, John P. Denied 86-CV-0407 Famewo, Oladipo Denied 86-CV-0424 Collins, Carolyn Kay Denied 86-CV-0425 Cotton, Gordon W. 397.20 86-CV-0428 Joneson, Eugene H. 114.60 86-CV-0431 Mears, Cyndi 215.63 86-CV-0432 Singleton, Fred T. 2,159.00 86-CV-0433 Anderson, Joan Denied ... 86-CV-0440 Gildeo, Lynne L. Dismissed I 86-CV-0448 Infanti, Mark P. Denied I 86-CV-0452 Hobyl, Waltraud M. Dismissed I 86-CV-0453 Hobyl, Waltraud M. Dismissed 86-CV-0455 Richards, William A., Mrs. 179.30 86-CV-0457 Rhodes, Dorothy 1,777.00 86-CV-0462 Davis, Christine 2,000.00 86-CV-0465 Lathers, Teresa C. 400.43 86-CV-0478 Russo, Aida Gloria 15,000.00 86-CV-0487 Robinson, Alberta Denied 86-CV-0491 Garrett, Michael Denied 86-CV-0492 Evans, Johnny S. Dismissed 86-CV-0505 Croce, Elena 500.00 86-CV-0506 Darling, LaWanda Denied 86-CV-0509 LaPapa, James, Jr. 2,219.96 86-CV-0510 Leves ton, M ontell Denied 86-CV-0515 Leggans, Charles 2,737.00 86-CV-0518 Tomei, John and Tomei, Deborah 7,870.00 86-CV-0520 Hannon, Darla J. 2,580.22 86-CV-0523 Robinson, Herbert C. 1,700.OO 86-CV-0525 Adams, Jacqueline Dismissed 86-CV-0528 Tillman, Jeannette Denied 86-CV-0530 Gathright, Bonnie 15,000.00 86-CV-0531 Petrick, Robert and Petrick, Beverly L. 9,960.00 86-CV-0533 Dantzler, Geraldine 0. 15,000.00 338

86-CV-0535 Kluz, Jadwiga Stelmach 15,000.00 86-CV-0539 Flax, Cynthia D. 1,471.30 86-CV-0541 Link, Debra L. 2,925.03 86-CV-0546 Slone, Vera Denied 86-CV-0551 Cole, Lolita 1,124.18 86-CV-0552 Cuellar, Albert0 Dismissed 86-CV-0555 Ziolkowski, Cheryl (Pabon) 1,661.98 86-CV-0556 Poston, Frances Denied 86-CV-0565 Jones, Carrie S. Denied 86-CV-0566 Jones, Carrie S. Denied 86-CV-0577 Tait, Robert, Jr. 6,511.35 86-CV-0592 Tomei, Deborah Dismissed 86-CV-0598 Lee, Bernice Denied 86-CV-0608 Jones, Gregory T. 11,877.13 86-CV-0613 Fields, Rosie Lee Denied 86-CV-0616 Zouganelis, Lillian M. 15,000.00 86-CV-0621 Campos, Carmen 225.75 86-CV-0623 Jablonski, Diana 15,000.00 86-CV-0624 Kilgallon, Sean T. 221.12 86-CV-0630 Mieloszyk, Steve 3,807.10 86-CV-0631 Richardson, Leotha 4,720.49 86-CV-0641 King, Thomas L. 1,642.25 86-CV-0644 Rankin, Darlene and Rankin, Gilbert 1,406.00 86-CV-0645 Dare, James L., by Betty Webb, Guardian and Dare, John 2,000.00 86-CV-0647 Callese, Josephine 300.00 86-CV-0649 Falconetti, Lisa M. ' 991.90 86-CV-0650 Gerstenecker, Ne11 Denied 86-CV-0655 Brown, Herbert 49.40 86-CV-0656 Bruce, Brenda K. 962.72 86-CV-0662 Lee, Arthur M. Dismissed 86-CV-0663 Lyte, Patricia and Johnson, Lula Mae Denied 86-CV-0666 Pulvino, Kim Dismissed 86-CV-0667 Rodriguez, Roberto Dismissed 86-CV-0669 Smith, Maida Dismissed 86-CV-0677 George, Janie Denied 86-CV-0678 Petty, Brian 15,000.00 86-CV-0681 Merz, Hermann Dismissed 86-CV-0684 Harbin, Diane Marie and Harbin, Hedy 1,670.00 86-CV-0686 Rizzolo, Frank 233.20 86-CV-0692 Hodge, Herbert 1,286.97 339

86-CV-0696 Stubbs, Quint R. Denied 86-CV-0704 Rocke, Richard A. 1,044.25 86-CV -0709 Bell, Edward Denied 86-CV-0711 Taylor, Ronald E. Dismissed 86-CV-0717 Ewing, Caroline Dismissed 86-CV-0725 McKinney, Susan 575.00 86-CV-0731 Edwards, Gregory 1,225.00 86-CV-0733 Muneeruddin, Mohammed Dismissed 86-CV-0734 Ransom, Donnie W. Dismissed 86-CV-0735 Acosta, Luis Denied 86-CV-0737 Dietrick, Barbara M. 328.29 86-CV-0738 Eberstadt, Edward O., Jr. 120.00 86-CV-0743 Raphaelidis, Kimon 2,596.84 86-CV-0744 Rickard, Michelle 25.89 86-CV-0746 Wheeler, C. & M.R. 315.00 86-CV-0751 Perez, Mary 650.00 86-CV-0765 Palomar, Cathy A. 789.45 86-CV-0767 Choi, Young-Sik Dismissed 86-CV-0778 Jiggetts, Betty Jean Denied 86-CV-0779 Johnson, Dianna Denied 86-CV-0781 Minkler, Scott A. 976.25 86-CV-0782 Minkler, Scott A. 976.25 86-CV-0783 Minkler, Scott A. 976.25 86-CV-0790 Morrison, Doris J. 1,971.74 86-CV-0795 Brown, Louise 2,000.00 86-CV-0798 Hovenga, Tamara Dee Cornell 338.50 86-CV-0799 Hovenga, Tamara Dee Cornell Denied 86-CV-0800 Karlaftis, Konstantinos 2,000.00 86-CV-0803 Stevens, Zelia 0. 1,365.62 86-CV-0807 Hart, Jeffrey Scott 1,713.59 86-CV-0808 Hill, Mattie L. Denied 86-CV-0809 Khurshid, Kamran 10,926.00 86-CV-0811 Nowak, Zofia 1,373.19 86-CV-0812 Smith, Marie 2,165.84 86-CV-0815 Gibson, Joseph Denied 86-CV-0824 Bran, Otto Denied 86-CV-0830 Lazzara, Steven Denied 86-CV-0832 Sanchez, Euencion Severiano 1,919.80 86-CV-0839 Breyer, Richard 715.47 86-CV-0855 Hanvy, Mary Denied 86-CV-0856 Hendrix, Cora 604.00 340

86-CV-0866 Khan, Nazir 976.40 86-CV-0870 Adams, Allan D. 654.79 86-CV-0875 Rivera, Byron 2,255.62 86-CV-0877 Wagner, William D. 2,000.00 86-CV-0881 Bogan, Zernial M. Denied 86-CV-0891 Sanders, Nathaniel 2,000.00 86-CV-0893 Abrego, Elena 50.00 86-CV-0895 Bardhi, Zenel 203.00 86-CV-0897 Hanlon, Dwight Dismissed 86-CV-0899 Krochmal, Stanley 8,935.20 86-CV-0900 Lampkins, Charles Denied 86-CV-0908 Cote, Bruce A. Denied 86-CV-0912 Friedman, Harry 2,600.00 86-CV-0913 Gray, Walter, Jr. Denied 86-CV-0922 Pritts, David R. 448.00 86-CV-0928 Craig, Kathy J. 701.10 86-CV-0929 Fisher, Patrick 1,229.08 86-CV-0931 Kerwin, Albert 410.31 86-CV-0932 Anderson, Adrian L. 820.83 86-CV-0935 Head, Samuel and Head, Jennie B. 1,135.00 86-CV-0941 Jacobs, Helen 3,314.36 86-CV-0942 Kinabrew, William Denied 86-CV-0946 Gill, William T., Jr. 202.00 86-CV-0947 Krawczynski, Sharon L. Girardi 2,011.64 86-CV-0950 Keane, Richard I.,Jr. 947.46 86-CV-0953 Rohrman, Douglas F. 2,000.00 86-CV-0954 Sanford, Sharon 8,025.12 86-CV-0957 Bell, Alvin 3,759.11 86-CV-0963 Graham, Joseph S. 535.00 86-CV-0964 Holts, James R. Denied 86-CV-0965 Hoyne, David 778.00 86-CV-0966 Jones, Asa 443.17 86-CV-0968 Tirman, Barbara M. 15,000.00 86-CV-0969 Tirman, Barbara M. 2,000.00 86-CV -0975 Vazquez, Barbarita 1,070.00 86-CV-0982 Over, Robert P. Evers 537.00 86-CV-0984 Kola, Zeqo Denied 86-CV-0986 Reed, Donna McCray 2,000.00 86-CV-0987 Menke, Frederick P. 946.25 86-CV-0993 Dollinger, Kurt C. Denied 86-CV-0994 Johnston, Jodi J. 165.50 341

86-CV-0997 O’Neal, Bessie 1,685.00 86-CV-1002 Warren, Ruth Denied 86-CV-1003 Anderson, Darren B. Denied 86-CV-1016 Mullinax, Roberta M. 15,000.00 86-CV-1017 Rashid, Gregory M. 966.42 86-CV-1020 Blackwell, Norma 2,060.00 86-CV-1022 Burch, Florence 40.00 86-CV-1042 Balch, James W. 994.90 86-CV- 1046 Eddings, James 8,830.28 86-CV-1048 Goodwin, Sylvester Denied 86-CV-1049 Hibbler, Gloria Denied 86-CV-1050 Jones, Edward 1,959.55 86-CV-1052 Maksymiw, Michael 2,000.00 86-CV-1053 Martin, Linda and Hildreth, Laura 2,000.00 86-CV-1060 Williams, Juanita 2,000.00 86-CV-1062 Collins, Simmie Denied 86-CV-1063 Edwards, Bertha 807.15 86-CV - 1065 Flores, Patricia 900.00 86-CV-1066 Cunning, Clifford C. 23,133.31 86-CV-1068 Lee, Thelma Denied 86-CV-1075 Durbin, David M. 6,035.96 86-CV-1076 Lee, Sandra S. Denied 86- CV - 1080 Trenholm, Douglas F. 342.21 86-CV-1087 Vantrease, Shirley 1,492.80 86-CV-1090 Bahena, Estela Baca 15,000.00 86-CV-1093 Daniels, Floret Denied 86-CV- 1095 Ellison, Albert 523.75 86-CV-1102 Benjamin, Curtis 2,000.00 86-CV-1104 Fletcher, Shirley 2,000.00 86-CV-1111 Bridge, Margaret M. 2,000.00 86-CV-1113 Bell, Lucille Dismissed 86-CV-1114 Daniel, Ruth Denied 86-CV-1115 Griffin, James M. 42.69 86-CV-1116 Johnson, Rebecca S. 488.75 86-CV-1117 Loyd, Mattie 2,842.00 86-CV-1119 Riva, Linda 232.80 86-C V - 1120 Torres, David 2,000.00 86-CV-1127 Talbot, Charles E. Dismissed 86-CV-1130 Lewis, Brenda Denied 86-CV-1131 Spight, Michael T. Denied 86-CV-1134 Woith, Betty L. 84.00 342

86-CV-1137 Ferguson, Mary E. Denied 86-CV-1144 Pitman, Georgia 75.50 86-CV-1148 Barksdale, Robert 72.72 86-CV-1149 Franco, Vicente Denied 86-CV-1153 Nimely, Darlene R. 2,974.46 86-CV-1155 Wilson, Eva 1,803.80 86-CV-1156 Yoon, Bog S. 15,000.00 86-CV-1158 Jackson, Francine 2,000.00 86-CV-1161 Hicks, Daisy 1,888.07 86-CV-1164 Sanders, Bessie 0. Denied 86-CV-1166 Andersen, Hazel 2,982.37 86-CV-1167 Jablonski, Avril Jane Denied 86-CV-1171 Macias, Juan Denied 86-CV-1175 Patterson, Kenneth A 777.44 86-CV- 1176 Perteete, Katherine and Perteete, Verne1 1,296.00 86-CV-1181 Kuhn, Catherine 405.95 ! 86-CV-1187 Miller, Juanita and Wassell, Elizabeth J. Denied 86-CV-1188 Bryant, Azalee Denied 86-CV-1189 Gibbons, Mary Elizabeth 11,569.81 86-CV-1192 Maish, Jeffrey A. 1,805.00 86-CV-1198 Mitchell, Richard D. 11,351.42 86-CV-1201 Demmit, Pauline Bellfo Dismissed 86-CV-1202 Kellogg, Willard C. 2,000.00 86-CV-1203 Leon, Cervando 10,257.05 86-CV-1206 Sullivan, David C. 518.37 86-CV-1208 Wesley, Keith J. Dismissed 86-CV-1209 Berumen, Abelino 6,488.84 86-CV-1210 Gibson, Ronald Denied 86-CV-1211 McQueen, Suzan P. 567.73 86-CV-1215 Barrientos, Justo R. Denied 86-CV-1217 Ferrell, Reggie Edward Denied 86-CV-1219 Marcatante, John D. 2,000.00 86-CV-1220 Marcatante, John D. 2,000.00 86-CV-1221 Preciado, Pamela 160.00 86-CV-1223 Kudelko, Michael J. 15,000.00 86-CV-1229 Davis, Glenn Edward 8,936.75 86-CV-1230 Hardy, Martin Denied 86-cv-1233 Vasquez, Mary Denied 86-CV-1241 Williams, Linda 748.09 86-CV-1242 Calabreese, Joseph J. 819.25 I I 86-CV-1243 Holland, Susan K. 4,177.08 !

I 343

86-CV- 1247 Roberts, Roberta 2,000.00 86-CV-1251 Calvin, Dorothy Denied 86-CV-1252 Causey, Connie M. 2,000.00 86-CV-1253 Johnson, Frankie Mae 835.00 86-CV-1255 Winfield, Derek B. 1,020.14 86-CV-1256 Bartlett, Diana Dismissed 86-CV-1258 Brown, Emma M. 2,000.00 86-CV- 1260 Doppelt, Alice Denied 86-CV-1261 Goff, Roy 278.75 86-CV-1265 Klaric, Steven 877.37 86-CV-1268 Tucker, Earnestine and Morris, Richard Lamont Denied 86-CV-1270 Williams, Eleanor and Powell, Joyce 10,150.00 86-CV-1271 Williams, Gerald 61 1.20 86-CV-1272 Aroca, Maria Luz 15,000.00 86-CV-1274 Dominguez, Salvador 6,084.25 86-CV- 1276 Elliff, Michael P. Denied 86-CV-1281 King, Adam 1,018.50 86-CV-1283 Massa, Lenda S. 2,000.00 86-CV-1287 Tracy, William C. 2,000.00 86-CV-1288 Velez, Maria E. and Velez, Maria 2,000.00 86-CV-1289 Wilkey, Webb L. 58.20 86-CV-1290 Wakil, DeLinda C. 1,738.80 86-CV-1293 Bojarski, Lawrence J. Denied 86-CV-1295 Helm, Caroline Elizabeth 340.85 86-CV-1296 Jedkins, Airlane Denied 86-CV-1299 Rodriguez, Sixto M. 1,943.18 86-CV-1300 Santamaria, Enrique 2,000.00 86-CV-1302 Webster, Spencer 647.60 86-CV-1304 Webb, Betty F. 1,570.00 86-CV-1305 Mitchell, Beatrice Denied 86-CV-1309 Weathersby, Lottie Denied 86-CV-1314 Perez, Thomas 2,698.00 86-CV-1315 Brent, Carmen Denied 86-CV-1316 Chaney, Albert 176.14 86-CV-1317 Gant, Troy Denied 86-CV-1321 Sudmeier, Joanne Louise 2,419.44 86-CV-1328 Loy, Bradley V. 1,079.53 86-CV-1330 Rickenbrode, Helen 2,000.00 86-CV-1336 Bush, DeLois Clark, and McPhan, Donald 1,896.71 86-CV-1337 Cotton, Clara 2,000.00 344

86-CV-1338 Davis, Thelma 2,000.00 86-CV-1339 Doolittle, Wesley E. 3,064.44 86-CV-1341 Flowers, L.V. and Flowers, Arie 15,000.00 86-CV-1343 Jahnke, Joan B. Denied 86-CV-1344 Lemanski, Bernard 1,530.27 86-CV-1346 Michael, Carolyn J. 3,378.08 86-CV-1349 Pegues, Charles H. 70.00 86-CV-1355 Bey, Josie Denied 86-CV-1357 Gong, Sing 620.58 86-CV-1358 Heinz, Rose E. 527.50 86-CV-1363 Rhoden, Annie Denied 86-CV-1366 Thomas, Darrell Denied 86-CV-1367 Wright, Betty Denied 86-CV-1369 Jones, Ralph E., Rev. 2,050.00 86-CV-1370 Banks, Murdie 2,000.00 86-CV-1372 Burchell, Jerry L. 1,479.76 86-CV-1374 Douglas, Fred E. Denied 86-CV-1375 Dyson, Dwight 1,210.65 86-CV-1377 Heard, Elmira and Foster, Shirley F. 50.80 86-CV-1378 Mann, Edwin H., Jr. 5,660.00 86-CV-1382 Smith, Mavis C. Denied 86-CV-1384 Trice, Elizabeth 2,000.00 86-CV-1385 Tworek, Dennis F. 2,000.00 86-CV-1392 Perry, Michael 2,730.30 86-CV-1394 Brown, Nathaniel 2,000.00 86-CV-1395 Cesario, Gregory J. 158.15 86-CV-1396 Davis, Dorothy J. 2,000.00 87-CV-0001 Bente, Laurie M. 55.00 87-CV-0002 Bufkin, Oliver & Carolyn 2,207.79 87-CV-0005 Bass, Donna Dismissed 87-CV-0006 Brown, Edward F. Denied 87-CV-0009 Gruber, Frederick J. 104.00 87-CV-0011 Johnson, David 418.85 87-CV-0012 Miller, Elizabeth M. Denied 87-CV-0013 Stephenson, Cynthia W. 2,000.00 87-CV-0015 DeVargas, JoAnne Spatz 262.80 87-CV-0016 Engle, Shirley J. 156.66 87-CV-0023 Mahony, Fred Denied 87-CV-0025 Malas, Elizabeth 1,127.70 87-CV-0027 Pugh, Kelvin 3,140.47 87-CV-0029 Wargo, Norman L., Sr. 2,075.00 345

87-CV-0031 Stiff, Annie Lee 1,457.00 87-CV-0033 Naffziger, Brent 973.62 87-CV-0035 Revels, Connie J. 554.60 87-CV-0037 Adams, Charles V. 2,000.00 87-CV-0039 Bellas, Rex and Bellas, Alice 2,000.00 87-CV-0041 Brown, Johnny Mack 1,029.66 87-CV-0043 Castronovo, Angelina 2,000.00 87-CV-0044 Chaffee, Adlenen Denied 87-CV-0045 Fragoso, Francisco 2,380.25 87-CV-0047 Lorenz, Donald Alan 1,328.52 87-CV-0051 Vance, Juliet 2,000.00 87-CV-0052 Wilkes, Keith Denied 87-CV-0053 Wilson, Margaret L. 2,000.00 87-CV -0057 Del Gallo, Joanne 25,000.00 87-CV -0058 Gatlin, Elaine Denied 87-CV-0059 LaRocca, Shirley 2,000.00 87-CV-0061 Sitzman, Herbert Denied 87- C V-0065 Coker, Adlean Denied 87-CV-0067 Gulich, Roger J. Denied 87-CV-0068 Jones, Delores 25,000.00 87-CV-0069 Watley, Virtlee G. Denied 87-CV-0073 Loyd-Handy, Patricia 2,683.68 87- C V-0074 Patterson, Darlene R. Denied 87-CV-0076 Taylor, William 331.45 87-CV-0078 Eastman, Gregory Alan 286.70 87-CV-0079 Laporte, Anne 1,443.32 87-CV-0080 Markowicz, Joseph G. 6,229.51 87-CV-0081 McCormick, Herbert 507.95 87-CV-0082 Holmes, Annie 2,000.00 87-CV-0084 Budney, Leonard 1,357.00 87-CV-0086 Calloway, Eva 2,000.00 87-CV-0089 Cory, Henry T. 2,000.00 87-CV-0097 Overton, Jeffrey A. 277.80 87-CV-0100 Williams, Beverly A. 352.57 87-CV-0102 Lange, Richard C. 2,028.74 87-CV-0103 Moore, Lynda Denied 87-CV-0107 McCoy, Willie 3,378.49 87-CV-0108 Rubrecht, Bernard F. 1,338.05 87-CV-0111 Banks, Cherease Duncan 1,425.19 87-CV-0112 Dossani, Zarina 25,000.00 87-CV-0114 Harrison, Ruth Denied 346

87-CV-0118 Butler, 'Deosie 1,894.00 87-CV-0124 Lavorini, John 1,144.10 87-CV-0125 Moore, David and Moore, Otis Denied 87-CV-0131 Jones, Estelle Denied 87-CV-0135 Roberts, Inge M. 25,000.00 87-CV-0138 Thompson, Herman Denied 87-CV-0139 Aldrich, Jeffry A. Denied 87-CV-0141 Fritz, Rosann 960.03 87-CV-0143 Huertas, Carlos 553.35 87-CV-0145 Pablo, Dorothy D. 644.52 87-CV-0148 Carter, Carolyn 2,000.00 87-CV-0149 Jones, Mary 2,000.00 87-CV-0151 Murry, James Denied 87-CV-0153 Brown, Dinae S. 600.00 87-CV-0156 Gatlin, Elaine Denied 87-CV-0158 Knox, Carolyn 2,000.00 87-CV-0160 Spencer, George R. Denied 87-CV-0162 Fell, Bernard T. Denied 87-CV-0164 Rodriguez, Jose A., Jr. 1,226.54 87-CV-0166 Wright, Jacquenette Shaw and Shaw, Virgi- nia 1,858.00 87-CV-0171 Richards, Wilma 2,000.00 87-CV-0173 McNicholas, Michael E. 4,319.20 87-CV-0175 Bakr, Mohammed 185.00 87-CV-0176 Barbee, Sheri Mae 286.60 87-CV-0177 Fleming, Kenneth J. Denied 87-CV-0178 Henry, Diane Denied 87-CV-0180 Herrera, Libada 1,344.40 87-CV-0181 Hoffman, Mark D. 3,102.94 87-CV-0185 Robinson, Randy Ray Denied 87-CV-0186 Weaver, Rosemary and Boyd, Joe 1,512.00 87-CV-0187 Wells, Charlotte Taylor 2,000.00 87-CV-0188 Slaughter, Johnnie, Jr. Denied 87-CV-0191 Hardison, Hillary 2,056.55 87-CV-0192 Marsh, Vera 304.90 87-CV-0193 Blackburn, Jane Denied 87-CV-0194 Brown, Albert 4,126.78 87-CV-0197 Pokorski, Betty J. 458.18 87-CV-0198 Ticey, Roberta 2,000.00 87-CV-0199 Ferguson, Joshua R. and Heather L., by James H. McGrath, Administrator Denied 347

87-CV-0200 Brown, Dorothea L. 3,910.74 87-CV-0205 Morris, Richard LaMont Dismissed 87-CV-0206 Orr, Edward K. 718.26 87-CV-0209 Caruthers, John A. 718.57 87-CV-0216 Klein, George L. 1,035.05 87-CV-0218 Mosley, Timothy E. 486.87 87-CV-0219 Woodson, Dianne L. Dismissed 87-CV-0221 Joyce, Kathleen 2,000.00 87-CV-0222 Kessinger, Kenneth 595.12 87-CV-0223 Kruczek, Sandra C. 743.00 87-CV-0225 Wright, Evelyn 1,250.00 87-CV-0226 Branson, Dorothy Denied 87-CV-02% Hill, Denise 2,000.00 87-CV-0232 Ahart, Joan Denied 87-CV-0233 Bell, Eunice 25,000.00 87-CV-02-34 Blount, Cleo 2,000.00 87-CV-0235 Boyd, Inez 800.00 87-CV-0236 Butler, Annie 2,000.00 87-CV-0244 Robin, Mary V. 75.75 87-CV-0246 Scott, Steve R. Denied 87-CV-0262 Burrell, Harold B. 7,218.50 87-CV-0265 Edwards, Louise Denied 87-CV-0268 Shelby, Hardel 50.00 87-CV-0276 Collins, Dorothy L. 2,000.00 87-CV-0279 Romo, Francisco 646.00

87-CV-0281 White, Lois ' 346.78 87-CV-0284 Plough, Donna Schroeder Denied 87-CV-0285 Richard, Steve, Jr. 468.49 87-CV-0286 Raushan, Jamaal N. 2,000.00 87-CV-0289 Clark, Josie 2,000.00 87-CV-0290 Richter, Carol A. Dismissed 87-CV-0292 Woods, Charles E. 2,410.56 87-CV-0294 Battle, Alberta 2,000.00 87-CV-0296 Helton, Michael H. 94.00 87-CV-0300 Jackson, Shelby Denied 87-CV-0301 Mallory, Willie Mae 2,000.00 87-CV-0302 McDowell, Ruth 2,000.00 87-CV-0305 Pippen, Joan L. 2,000.00 87-CV-0308 Smallwood, Helen 2,000.00 87-CV-0311 Tavernaro, Michael Angelo 5,891.85 87-CV-0315 Dyson, Emma 2,000.00 348

87-CV-0316 Dzurney, Andrew 6,854.48 87-CV-0318 Dunbar, Limmie 2,000.00 87-CV-0319 Gonzales, Marie Denied 87-CV-0320 Kosiec, Edward L. 1,019.86 87-CV-0323 Russell, Louis T., Sr. 1,700.00 87-CV-0325 Wilcox, Marvin Dismissed 87-CV-0332 Gates, Trynail Denied 87-CV-0333 Gates, Trynail Denied 87-CV-0335 Inchingolo, Michael 512.70 87-CV-0339 Anderson, Dorothy 2,000.00 87-CV-0340 Pimentel, Eva Denied 87-CV-0341 Gentil, Carlotta 15,000.00 87-CV-0342 Lange, Ethel 340.20 87-CV-0343 Leezy, Gloria 250.95 87-CV-0346 Van Tine, Richard A., Jr. Denied 87-CV-0351 McPherson, Shirley Barbara 146.14 87-CV-0352 Pachulski, Andrezej Dismissed 87-CV-0355 Blanton, Eula Mae 2,115.00 87-CV -0359 Parrish, Eddie Mae 3,336.00 87-CV-0365 Jordan, Thomas C. 2,189.79 87-CV-0369 Tansey, Lawrence J. 15,000.00 87-CV-0371 Wright, Perry W. 819.55 87-CV-0373 Bailey, Walter 2,000.00 87-CV-0374 Cobb, James 2,000.00 87-CV-0376 Counts, Albert L. 2,000.00 87-CV-0379 Ingerson, Paul J., Jr. 2,000.00 87-CV-0387 Davis, Mary Ann 105.00 87-CV-0389 Dressel, Craig 810.00 87-CV-0395 Nelson, Marvin B. 690.18 87-CV-0399 Trout, Russell Lee 1,432.27 87-CV-0400 Wroblewski, Catherine F. 561.63 87-CV-0411 Thompson, Annie Hamilton 2,000.00 87-CV-0412 Thompson, Goldie 2,000.00 87-CV-0414 Bell, Rufus Denied 87-CV-0416 Cailles, Erlinda 340.90 87-CV-0417 Carter, Ronnie G. 25,000.00 87-CV-0420 Goods, Margaret Denied 87-CV-0422 Johanssan, Gilbert 482.10 87-CV-0424 Kim, Ho Hyun 2,000.00 87-CV-0427 Salley, Fannie Denied 87-CV-0430 Boer, Ilse 238.63 349

87-cv-0438 Ede, Linda Lee 275.00 87-CV -0439 Lewis, Christeen 2,000.00 87-cv-0441 Taylor, Elizabeth Denied 87-cv-0443 Hill, Jacqueline D. 3,345.50 87-CV -0444 Levan, Michael J. 8,725.13 87-cv-0447 Bundren, James 711.95 87-CV-0448 Cambero, David H. 2,000.00 87-CV -0450 Czech, Peter B. 710.56 87-CV-0454 Duzinkiewicz, Stanley 179.00 87-CV-0456 Gentry, Terry W. 2,000.00 87-CV -0458 Johnson, Barbara J. and Lee, Lizzie Denied 87-CV-0459 Johnson, Larry Leo Denied 87-CV-0460 Johnson, Leonard 2,598.45 87-CV-0462 Lucena, Rosa 2,000.00 87-CV-0465 Pettiford, Jacqueline s. 1,004.98 87-cv-0471 Covert, Carol 945.00 87-CV-0472 Davila, Mirtelicia 772.72 87-cv-0475 Baker, Iola Denied 87-CV-0476 Daugherty, John L. 3,204.71 87-CV-0482 Lovette, Kenneth 354.45 87-cv-0484 Pope, Steven B. 1,875.16 87-CV-0486 Smith, Willie L. Denied 87-cv-0488 Collins, Lelia 3,310.74 87-cv-0491 Kim, Hyi Ja 25,000.00 87-cv-0492 Kim, Young Pae 4,754.54 87-cv-0497 Jones, Robert 72c1.62 87-cv-0498 Kaspar, John Wayne Denied 87-cv-0499 Kaspar, John Wayne Denied 87-CV-0505 Thompson, Alicia V. 1,066.50 87-CV-0509 Johnson, Ruth Mae 2,000.00 87-CV-0517 Frazier, Wynetta A. and Williams, Willie 2,000.00 87-cv-0527 Taylor, Julie 8,885.66 87-CV-0531 Engemann, Ethel M. 3,656.00 87-cv-0533 Kempe, Karen A. 732.82 87-cv-0535 Meeker, Bryce E. 319.09 87-CV-0536 Miller, Derrick 8,951.42 87-cv-0537 Prince, Shirley Ann 205.98 87-CV-0539 Armour, Arnetta 2,000.00 87-CV-0550 Emma, John 805.00 87-cv-0553 Hood, Cordell Denied 87-cv-0554 Kaufelt, Arthur L. 4,777.19 350

87-CV-0555 Kronenberg, Leslie 270.00 87-CV-0562 Weiner, Dianne 5,426.92 87-CV-0565 Lemon, Vernon A. 3,420.13 87-CV-0566 Perez, Gustavo Denied 87-CV -0567 Powell, David 963.05 87-CV-0571 Mosley, Gloria 2,000.00 87-CV-0573 Santone, Susan M. 374.76 87-CV-0575 White, Mable Ward 1,996.00 87-CV-0576 Barnes, Dorothy M. 2,000.00 87-CV-0577 Caraway, Dorothy Denied 87-CV-0581 Reid, William E. 861.08 87-CV-0582 Ryan, James 2,000.00 87-CV-0584 Trice, Charles 1,330.00 87-CV-0585 Williams, Clara 1,985.00 87-CV-0586 Wotten, Grace 2,000.00 87-CV-0590 Norwood, Kenneth 908.64 87-CV-0596 Edwards, Algerine Denied 87-CV-0597 Evans, Claretha 2,000.00 87-CV-0604 Rodriguez, Maribel Denied 87-CV-0607 Williams, Jeanne 2,000.00 87-CV-0608 Cintron, Roberto 2,000.00 87-CV-0612 Foster, Annette Denied 87-CV-0619 Abarca, Emma 25,000.00 87-CV-0627 Dammann, Henry Eugene 5,206.44 87-CV-0628 Delgado, Guillermo Denied 87-CV-0630 Felts, Wayne Denied 87-CV-0631 Godina, Rafael J. 2,000.00 87-CV-0633 Kaspar, John W. Denied 87-CV-0636 O’Brien, Gloria 557.00 87-CV-0638 Ramos, Joseph 1,285.00 87-CV-0641 Timmes, E. Charles ~2,000.00 87-CV-0649 Warmack, Sandra 2,000.00 87-CV-0650 Soto, Maria Barrios 1,800.00 87-CV-0651 Bynum, Jossie Denied 87-CV-0652 Huff, Linda 2,000.00 87-CV-0653 Hussain, Shahid Denied 87-CV-0654 Issani, Mubarak Ali 2,661.17 87-CV-0655 Jefferson, Diana 2,000.00 87-CV-0656 Johnson, Ronette 2,000.00 87-CV-0657 Lee, Lizzie Dismissed 87-CV-0662 Wright, Barbara J. 1,531.30 351

87-CV-0663 Castellano, Ronald Angelo 2,028.75 87-CV-0666 Lofchie, Perry Denied 87-CV-0667 Robinson, Melvin Douglas Denied 87-CV-0668 Dallas, Danny Dismissed 87-CV-0669 Brawner, Lillian 2,000.00 87-CV-0671 Oruwariye, Alfred 2,340.58 87-CV -0678 Alimanestiano, Christine 354.95 87-CV-0685 Crenshaw, Cora Denied 87-CV-0686 Penkava, Maureen V. 2,000.00 87-CV-0689 Turpeau, Wilbert Denied 87-CV-0691 Williams, Teressie 1,906.00 87-CV-0692 Cook, Arthur 2,000.00 87-CV-0695 Leonardi, Robyn 263.60 87-CV-0697 Blackshear, Vernon Denied 87-CV-0704 Slack, Herbert 2,000.00 87-CV-0707 Ezell, Randall D. 3,475.87 87-CV-0714 Shines, Lorraine Denied 87-CV-0715 Shutkas, Angelo N. 2,000.00 87-CV-0716 Stefanski, Alex L. 530 * 00 87-CV-0717 Tucker, Betty Jean Denied 87-CV-0721 Estrada, Carlos 25,000.00 87-CV-0724 Herndon, Marvin 1,284.00 87-CV-0727 Nance, Allen A. Denied 87-CV-0728 Noland, Regina 25,000.00 87-CV -0730 Watroba, Tadeusz Denied 87-CV-0732 Williams, Vivian 171.00 87-CV-0735 Jordan, Smiggie 1,657.00 87-CV-0737 Barrett, Kevin S. Denied 87-CV-0740 Colon, Elizabeth 2,000.00 87-CV-0747 Atkinson, Mary E. (Hall) Denied 87-CV-0751 Maxwell, Margaret 2,000.00 87-CV-0752 Ritchey, James Thomas Denied 87-CV-0753 Swanson, Anna May 634.93 87-CV-0755 Cruz, Julian 2,000.00 87-CV-0761 Riley, Carl Eugene 2,005.85 87-CV-0764 Guerrero, Nicolas 2,000.00 87-CV-0766 Jones, Sheila 2,000.00 87-CV-0768 Martinez, Felicia 2,371.90 87-CV-0774 Williams, Mable L. Denied 87-CV-0779 Pendergraft, Antonio 2,848.31 87-CV-0780 Pickett, Ellen T. 2,000.00 352

87-CV-0781 Serbantez, Ruth M. 301.25 87-CV-0782 Vasquez, Margaret 6,142.50 87-CV-0785 Clark, Erika K. 25,000.00 87-CV-0786 Davenport, Evelyn R. 25,000.00 87-CV-0790 Kollereb, Pamela 25,000.00 87-CV-0791 Willis, Teola 2,000.00 87-CV-0792 Aleman, Frank 428.25 87-CV-0794 Anderson, Reginald 5,000.00 87-CV-0798 Davidson, Julie 2,000.00 87-CV-0803 Williams, Rosetta Denied 87-CV-0805 Bachar, Tom 176.50 87-CV-0809 Killion, Virginia M. 2,000.00 87-CV-0812 Parker, Marvie Woods Denied 87-CV-0819 Johnson, Laura S. 2,000.00 87-CV-0823 Anderson, Rosie L. Denied 87-CV-0834 Kipper, Frances 0. 2,000.00 87-CV-0835 Marche, Marc J. 1,424.75 87-CV-0838 Nguyen, Hung Denied 87-CV-0841 Tharpe, Ola Mae 1,856.37 87-CV-0842 Walker, Eddie J. 2,000.00 87-CV-0845 Burton, Martha 2,000.00 87-CV-0846 Ferguson, Rhonda 2,000.00 87-CV-0851 Ortiz, Alejandro 18,962.10 87-CV-0854 Wallace, Ernestine 2,000.00 87-CV-0859 Czech, Jerry Denied 87-CV-0860 Ferguson, Catherine 2,000.00 87-CV-0863 Ociepka, Alexander 104.00 87-CV-0867 Albarran, Isaac 10,499.50 87-CV-087 1 Neeley, Rose 2,000.00 87-CV-0872 Reid, Lucille 1,767.18 87-CV-0876 Talbot, Robert S. 4,573.60 87-CV-0877 Topolinski, Mark S. 553.30 87-CV-0879 Ward, Dorothy 2,000.00 87-CV-0881 Cypin, David 2,000.00 87-CV-0884 Morales, Consuelo 2,000.00 87-CV-0896 Jones, Marvin L. Denied 87-CV-0900 Bivens, Marion Evonne 812.38 87-CV-0904 Law, Carrie 1,788.12 87-CV-0905 McFadden, Eva D. 2,000.00 87-CV-0908 Macias, Juan Dismissed 87-CV-0916 Churchill, Betty 1,765.00 353

87-CV-0921 Fancher, Molly Kathleen 1,766.64 87-CV-0923 Gadrim, John A. Denied 87-CV-0935 Tokar, Kathleen M. 230.00 87-CV-0936 Tokar, Laurence J. 125.00 87-CV-0939 Bracy, Ethel 1,726.00 87-CV-0940 Cross, Curtis & Annie 2,000.00 87-CV-0943 Galiotto, Mary 2,000.00 87-CV-0949 Pipkin, Carol E. 4,442.96 87-CV-0950 Rodgers, Ellen 18,561.42 87-CV-0953 Stewart, Velma 2,000.00 87-CV-0960 Evans, Havord 1,900.00 87-CV-0963 Leato, Sharon 3,478.31 87-CV-0965 Middlebrook, Carolyn L. 2,000.00 87-CV-0966 Nuon, Tonh 152.30 87-CV-0979 Mendez, Victor 2,000.00 87-CV-0981 Regalado, Michael 2,000.00 87-CV-0982 Williams, Clinton Denied 87-CV-0985 Hunter, Audrey 2,000.00 87-CV-0999 Aliprandi, Sharon A. 794.70 87-CV-1013 Burd, David A. Denied 87-CV-1016 Davis, Barbara A. 25,000.00 87-CV-1021 Nuemann, Rafael A. 6,033.57 87-CV-1026 Alarcon, Jose 249.00 87-CV-1033 Litherland, Thomas E. 2,000.00 87-CV-1047 Steadman, Lottie 2,000.00 87-CV-1051 Sims, Mancola 1,300.00 87-CV-1065 Brooks, Edward Denied 87-CV-1073 Tidwell, Claudette 1,922.00 87-CV-1085 Archdale, Robert 1,162.27 87-CV-1087 D’Acquisto, Gina 743.45 87-CV-1095 Flecha, William 2,000.00 87-CV-1125 Nichols, Annie M. 2,000.00 87-CV-1128 Browder, Kathy Denied 87-CV-1170 Brown, Carolyn L. 1,700.00 87-CV-1190 Buganski, Daniel 593.50 87-CV-1264 Demoss. Helen Denied 87-CV-1267 Buchanan, Bryan Eugene 272.10 87-(3-1269 Johnson, Booker T. 2,000.00 INDEX

APPROPRIATIONS-See LAPSED APPROPRIATIONS BACK SALARY CLAIMS-See STATE EMPLOYEES’ BACK SALARY CLAIMS BAILMENTS-See also PRISONERS AND INMATES Bailment may arise by operation of law ...... 47 Loss of property-presumption of negligence...... 47 CONTRACTS Claim by medical-service provider dismissed-noncompliance with Court of Claims Rule 5 ...... 91 Claim for medical services provided public aid recipient-cause of action not stated ...... 150 Claim for medical services to public aid recipient- Claimant not enrolled vendor-claim dismissed ...... 150 Claim for services provided welfare recipients allowed . . 28 Claim for services rendered to public aid recipient dismissed-noncompliance with billing regulations...... lo0 Claim for services rendered welfare recipients-State had no authority to terminate Claimant as vendor-fraud not proved-claim allowed ...... 16 Construction contract-delay damage claim-stipulation-award granted ...... 148 Contract services to State agency-stipulation-not lapsed appropriation-award granted...... 200 Contract to design information system-State applied liquidated damages clause-stipulation-award granted . .127 Delays caused by State-indirect costs allowed ...... 36 Department of Public Aid may regulate “vendor payments” ...... 151 Department of Public Aid regulations may limit vendor’s right to payment ...... lo0 Fraud-burden of proof ...... 27 Highway construction contract-delays caused partially by State errors-award granted ...... 36 Medical services for public aid recipient-invoicing requirements not satisfied-claim dismissed ...... 151 354 355

Medical services to public aid recipient-recipient not eligible on dates of service-claim dismissed...... 150 No right to additional compensation unless delays solely caused by State ...... , ...... 36 Penalty provisions-not applicable against State of Illi- nois ...... 1 Treatment of horse-breach of contract claim dismissed-brief not timely filed...... lo8 What necessary to sustain affirmative defense of fraud.. . 16 CRIME VICTIMS COMPENSATION ACT Deductions considered in awarding compensation...... 323 “Earnings” defined ...... 315 Murder victim-father granted maximum award for funeral expenses...... 324 Only out-of-pocket losses compensable ...... 315 “Pecuniary loss” defined ...... 319 Provocation by victim negates right to compensation . . . .322 Replacement services not compensable at time of inci-- dent ...... , ...... , . . . . . , ...... 315 Robbery-Claimant shot-no loss-claim denied ...... 319 Robbery-psychiatric treatment-no evidence of relationship to crime-claim denied ...... 312 Victim instigated fight leading to stabbing and death- claim denied ...... 322 Violent crime-Claimant’s husband killed-no evidence of lost support-maximum award for funeral expenses granted...... 316 What necessary to establish eligibility for compensation. .312 When compensation may be granted for funeral and medical expenses ...... 323 DAMAGES-See also CONTRACTS Claimant has burden of proof on damages ...... 315 Test of certainty of damages...... 64 HIGHWAYS-See also CONTRACTS; NEGLIGENCE Automobile accident-gravel pile on abandoned highway-claim allowed ...... 51 Collision with deer-no deer crossing sign-State immune-complaint dismissed ...... 5 356

Highway built closer to Claimants’ residence-award granted...... 88 Posting of deer signs discretionary...... 5 State’s duty to post warning signs...... 51 When posting of signs after accident is admissible ...... 51 HOSPITALS AND INSTITUTIONS-See also PRISONERS AND INMATES Resident of developmental facility drowned-stipulation-award granted-nonprecedential ...... 126 INTEREST Automobile accident-inadequate warning signs-interest on award denied ...... 51 JURISDICTION Jurisdiction of Court of Claims is set by statute ...... 63 Scope of jurisdiction of Court of Claims ...... 58 LANDLORD AND TENANT Hold-over-claim for double rent denied ...... 1 LAPSED APPROPRIATIONS-See also CONTRACTS Interest not recoverable ...... 155 Standard procedures on lapsed appropriation claim .....200 Tuition claims-insufficient funds lapsed-claims denied. .159 Tuition claims-lapsed funds insufficient-refund to agency used to pay some claims...... 161 LIMITATIONS Iowa claimants-attempt to collect judgment of Iowa court-action untimely-claim dismissed ...... 197 MECHANICS’ LIENS Claim by subcontractor denied-failure to strictly comply with Mechanics’ Liens Act...... 41 Mechanics’ Liens Act is to be strictly construed ...... 41 NEGLIGENCE-See also BAILMENTS; HIGHWAYS; PRISONERS AND INMATES Alleged negligent treatment of horse-Claimant failed to meet burden of proof-finding directed for State .... .lo8 Alleged negligent treatment of horse-res ipsa loquitur not applicable...... lo8 Collision with State police car at intersection-officer negligent-awards granted ...... 21 Defective manhole cover-child injured leg-award granted...... 97 Duties of drivers on highways...... 177 Duty of landowner to invitee ...... 139 Essence of doctrine of respondeat superior ...... 177 Essential elements of negligence action ...... 88 Failure to establish proximate cause precludes liability .. .177 Injury to inmate-factors considered in determining foreseeability ...... 113 Invitee assumes normal and obvious risks ...... 192 Medical malpractice-stipulation-cause dismissed...... 33 Motorcycle accident-negligent highway construction- release-claim dismissed ...... lo4 Rear-end collision-snowplow not cause-claim denied. .177 Res ipsa loquitur applies to State ...... 180 Sexual molestation by negligently placed ward-respondeat superior-award granted...... 12 I Slip-and-fall-ice-breach of duty by State not proved- i claim denied ...... 182 I Slip-and-fall-State fulfilled its duty-claim denied .....139 State hospital’s duty to patients...... lo8 I State is immune from liability in performing discretionary duties ...... 5 ~ State is not insurer of safety of invitees...... 182 State may be held liable under respondeat superior...... 12 I State’s duty to maintain manhole covers...... 97 What necessary to establish prima facie case of negligence ...... lo7 ~ When release is presumed valid ...... lo4 1 I OFFICERS AND PUBLIC EMPLOYEES-See STATE EMPLOYEES’ BACK SALARY CLAIMS I

I PARKS-See STATE PARKS AND RECREATION AREAS 1 PERSONAL INJURY -See HIGHWAYS; NEGLIGENCE I I

PERSONAL PROPERTY-See BAILMENTS ~ 358

PRACTICE AND PROCEDURE-See also JURISDICTION Claimant must exhaust administrative remedies ...... 63 Damages must be pleaded in detail...... 91 Department reports-prima facie evidence ...... 150 Factors considered in computing notice periods...... 131 Factors considered in determining whether verdict will be directed ...... lo7 Fraud bars claims ...... 167 Motion to dismiss denied-notice of claim timely filed. . .131 PRISONERS AND INMATES Action by inmate based on diet provided by Department of Corrections-no jurisdiction-claim denied ...... 58 Escaped inmates-Claimant’s car damaged-negligence not proved-claim denied ...... 49 Inmate burned-hot water spill-improper medical care not proved-claim denied ...... 185 Inmate burned by hot water-bucket not proved unsafe-claim denied ...... , ...... 185 Inmate’s arm caught in gate-award granted ...... 78 Inmate’s finger crushed by manhole cover-State negligent -award granted ...... 175 Inmate’s property-State’s duty ...... 47 Inmate’s radio lost-bailment not established-claim denied...... 47 Inmate stabbed by other inmate-State negligent-award granted...... 113 Loss of personal property-bailment theory-bailment not proved-claim dismissed ...... ,171 Lost property-failure to exhaust administrative remedies ‘ not proved-motion to dismiss denied ...... 171 Money stolen from Claimant by inmate-award granted .203 Slip-and-fall-inmate’s own lack of care was proximate cause-claim dismissed ...... 146 Slip-and-fall-prison gallery-fraud in testimony-claim dismissed ...... 167 State is not insurer of safety of inmates...... 113 State’s duty to supervise work of inmates...... 185 Swivel chair broke-inmate injured in fall-res ipsa Zo- quitur-award granted ...... 180 359

RECREATION AREAS-See STATE PARKS AND RECREATION AREAS STATE EMPLOYEES’ BACK SALARY CLAIMS I

Discrimination claim-stipulation-lapsed appropria- I tion-award granted ...... 143 I Loss of insurance benefits recoverable ...... 64 Wrongful discharge-stipulation-award granted on un- , contested portion of amount claimed ...... 64 Wrongful discharge-transfer of duties-reinstatement ordered ...... 63 STATE PARKS AND RECREATION AREAS Hiker fell on wood stairs-negligence of State not proved-claim denied ...... 192 State’s duty to maintain parks ...... 192 STATUTE OF LIMITATIONS-See LIMITATIONS STIPULATIONS-See also CONTRACTS; PRACTICE AND PROCEDURE Automobile accident-dismissed with prejudice ...... 131 Car hit rut in highway-driver injured-award granted . . 99 Contract for purchase of beef products-stipulated settlement-lapsed appropriations-award granted ...... 133 Court order for payment of attorney fees in action against Pollution Control Board-stipulation award granted...... 205 Prison inmate drove tractor into Claimant’s car-stipulation-award granted ...... 196 Prisoner-personal injuries-stipulation-award granted . 32 Road defect-Claimant thrown about truck cab-back injury-award granted ...... 61 Termination of employment contract-stipulation- award granted ...... 165

STREETS-See HIGHWAYS I , WAGES-See STATE EMPLOYEES’ BACK SALARY I CLAIMS I