Buxbaum v. State

This claim was brought pursuant to the Damages Caused by Escaped Inmates of State Controlled Institutions Act, Ill. Rev. Stat. 1979, ch. 23, par. 4041.

The evidence showed that on July 4, 1979, Ernest J. Wardlow and Donald Hanson, both inmates of the Winnebago Community Correctional Center, located at 305 South Court Street, Rockford, Illinois, escaped from the institution and stole Claimant Howard Buxbaum’s automobile, totalling it in a collision.

The complaint does not allege negligence on the part of Respondent in permitting the escape nor did Claimants introduce any testimony thereon. We…