Maikranz v. State

Claimant seeks damages for pain and suffering, medical expenses and disability occasioned by a laceration to his forehead and contusion to his right elbow sustained from a collision with a gate apparatus in Illinois Beach State Park while he was a passenger in an automobile.

The issue is whether the State has a duty of care to Claimant, absent wilful and wanton conduct.

This matter was heard before a commissioner on December 5, 1983, when an evidentiary hearing was held. Counsel for Claimant and the assistant attorney general were present at the hearing. Both parties have submitted briefs and…