Macon v. State
Court of Claims of Illinois
1Opinion of the CourtMontana, C.J.
This cause having come for consideration on the Respondent’s motion to dismiss and the Court being duly advised in the premises:
Finds, that Claimant’s complaint states that the negligence of the Illinois Department of Corrections resulted in his not being allowed to attend his mother’s funeral. He seeks $15,000.00 as compensation for mental suffering. Respondent has moved to dismiss the complaint for failure to state a cause of action.
While Claimant’s complaint does allege mental suffering, it does not allege any physical impact or symptom as a result thereof. No recovery may be had for the…
2Cases cited2 opinions
- Daniels v. Adkins Protective Service, Inc.Mississippi Supreme Court · 1971
- Holmes v. StateCourt of Claims of Illinois · 1978
3Cited by2 opinions
- Black v. StateCourt of Claims of Illinois · 1993
- James v. StateCourt of Claims of Illinois · 1998