Kelly v. State

OPINION

JANN, J.

This matter comes before this Court on Claimants complaint against the State of Illinois, Department of Transportation seeking recovery for Claimants damages allegedly resulting from Respondents negligent maintenance of the roadway. The following facts were adduced at hearing and from the record:

During the pendency of this cause discovery was interrupted and numerous continuances were granted for consideration of a motion to dismiss, motion for summary judgment and motion for leave to file affirmative defenses. Trial was held on May 24, 1995, before Commissioner Elizabeth…