Johnson v. State

OPINION

JANN, J.

This is a claim brought by Claimant Kiystal Johnson, a minor against the State of Illinois, University of Illinois Childrens Center, seeking damages for personal injury she sustained after falling from a swing at the University day-care center.

Trial was held in this matter on September 9, 1994. On the trial date Respondent made an oral motion to exclude the testimony of Claimant due to the fact that she was three and one-half years old at the time of the incident. The Commissioner denied the motion since Claimant was offering testimony as to her current physical condition…