Hutchings v. Kraject

This case challenges the constitutionality of a 1961 amendment to the Counties Act, (Ill. Rev. Stat. 1963, chap. 34, par. 301.1,) immunizing counties from liability for personal injuries, property damage and death caused by the negligence of their agents.

Plaintiff, Ella Hutchings, filed this action against the county of Richland, certain of its employees, and two surgeons, alleging negligence in that a surgical sponge was left in her chest following an operation in Richland Memorial Hospital, a hospital maintained and operated by the county. The circuit court of Richland County entered a…