Seifert v. Standard Paving Co.

This appeal concerns six separate negligence actions brought in the circuit court of Cook County in which the State of Illinois was named as a defendant. The State filed a motion in each case to dismiss the complaint on the ground that persons injured through the negligence of agents or employees of the State can seek relief only in the Court of Claims. The trial court denied the motions and held that the Court of Claims Act (Ill. Rev. Stat. 1973, ch. 37, par. 439.1 through 439.24 — 9; Ill.Rev. Stat. 1973, ch. 127, par. 801) violated the equal protection and due process clauses of both the…