Davis v. State

On May 25, 1979, Claimant visited her husband at the Stateville Penitentiary where he had been a prisoner for approximately five years. She allegedly tripped and fell as a result of stepping in a small hole, or crack, in the sidewalk. As a result of this fall, Claimant received a cut in her right knee, suffered headaches, and incurred $2,800.00 in medical bills which were paid by Medicare.

For about five years, Claimant had been visiting her husband approximately once a week. She testified she had seen the hole that caused the accident in question many times, and was fully aware of its…