DON WILSON v. THE STATE OF ILLINOIS (2002)

OPINION

This cause is before the Court upon a recommendation from Commissioner Shadid following a trial on the merits on August 22, 2001.

Facts

Claimant is the owner of Wilson Farms which is a grain and livestock operation in Murrayville, Illinois. On February 7, 2000, Ron Balla, an employee of Wilson Farms, loaded the company Peterbilt tractor trailer with grain for the purpose of hauling grain to the Naples terminal for delivery. Balla testified that he would leave Murrayville and go to Illinois Route 67 to Jacksonville to Interstate 72 to Illinois Route 100 to Naples. The truck was loaded with soybeans and was allegedly under the limit of 80,000 pounds.

Balla testified that he was driving the speed limit while on Route 100 heading north when a State police car passed him and motioned him to pull over to the side of the road. He pulled over facing northbound on Route 100 partially blocking Oxville Road. He testified that the State Trooper got out of the police car, walked back to the truck and proceeded to walk to the rear of the truck. No communication was made between the two. At the rear of the vehicle the Trooper motioned for Balla to back up the truck. Balla was watching the officer in the rear or side view mirror. After backing up approximately 30 feet the Trooper motioned for him to stop which he did. The Trooper then motioned for him to turn right onto Oxville Road, which Balla attempted to do. While doing so, the right rear wheels of the trailer went into the ditch causing the damage as shown in Claimant's Exhibits 5 thru 10 and as alleged in the Complaint. Of these facts there is no dispute. State Trooper Wagner testified to the same.

Balla testified that he was a little nervous or uncomfortable about making the turn onto Oxville Road which is a small and narrow country road. He testified that he assumed that the officer had positioned him correctly to make the turn and was simply following the instruction of a law enforcement officer.

Wagner testified that Balla did as instructed but assumed that Balla would know that he had to swerve slightly left in the roadway before making a successful right turn onto Oxville Road. This would have required Balla to move slightly into the oncoming or southbound traffic. Balla had been stopped because the officer believed the truck was overweight. Balla received a warning citation for 1,650 pounds overweight. The scale was on Oxville Road.

Legal Analysis

The Claimant alleges that the Respondent was careless or negligent by ordering the driver to make a turn that the Trooper knew, or should have known, could not have been negotiated. The Claimant further states that Balla had to follow said directions when the Trooper knew, or should have known, he would obey because the refusal to do so is a violation of the law.

The Respondent argues that the inexperience of the driver caused the accident. They point out that Balla had only had his commercial driver's license for 1-1/2 years prior to this incident. The State further argues that Balla should have communicated with the Trooper as to what the Trooper wanted him to do.

There are no cases quite on point with the facts of this case. However, there is some case law that can be used by way of analogy. In Chiestder v. State of Illinois, 45 Ill. Ct. Cl. 118, 1993, wherein an award was made to a claimant who had expressed concerns about working in a ditch but was ordered to proceed. Fearing disciplinary measures for failure to follow orders, the Claimant entered the ditch and was injured. In Goodrich v. State, 36 Ill. Ct. Cl. 326, 1984, an award was made because a prisoner followed orders and was injured. The court held that the prisoner had no real choice but to follow orders.

In the instant case it is hard to imagine what Balla could have done but to follow the instructions of the Trooper. The Trooper never communicated with him, never advised him as to why he was stopped, only gave hand signals as to what Balla was supposed to do. Understanding that he, Balla, was not a prisoner or under arrest, it is still reasonable to believe that when a law enforcement officer signals for a citizen to do something certain, that citizen will do as instructed. In this case following that instruction resulted in damage to the truck. The damages are without dispute and are as set out in the Complaint and Amendment to the Complaint.

It is hereby ordered that Claimant be awarded full satisfaction of this claim in the amount of Seven Thousand One Hundred and Twenty ($7,120) Dollars.

JANN, J.