TIMOTHY LITTLE v. THE STATE OF ILLINOIS (2001)

OPINION

The Claimant, Timothy B. Little, brings this claim for compensatory damages pursuant to the Illinois Court of Claims Act, 705 ILCS 505/8. The claimant alleges that on April 30, 1995, while he was a patient of Alton Mental Health Center, the State was negligent in allowing the Claimant to participate in a foot race while Claimant was medicated and when the State knew that the foot race may result in injury. The Claimant fell while engaged in the foot race and suffered injury to his head and wrist. The Claimant seeks damages in the amount of $100,000. Claimant has not claimed lost wages but asserts loss of future work due to disability from his injuries.

Statement of the Case

A hearing was held before Commissioner Clark on September 26, 2000. At this hearing, the Commissioner heard testimony from the Claimant, Juanita Sakoska, Claimant's girlfriend of nine years and Roger Chappell and Dr. Debra Ferguson, employees of Alton Mental Health Center.

The Claimant was admitted to the Alton Mental Health Center on April 18, 1995 after having been previously diagnosed with bi-polar disorder and having a history of episodes where he became acutely psychotic. Claimant had four prior admissions to Alton beginning in 1990. On April 30, 1995, the Claimant was walking on the grounds at Alton with a group of residents. They were supervised by Roger Chappell, a mental health technician, whose duties were to supervise patients activities on and off the unit to which they were assigned and escort them on the grounds.

While walking, the Claimant and another resident got into a discussion about who could run the fastest. The two agreed to race. With the approval of Mr. Chappell, the Claimant and the other resident began running down the sidewalk. Mr. Chappell testified that he said something to the effect of: On your mark, set, go. The Claimant tripped over his sandals and fell onto the concrete steps. Claimant was 35 or 36 years of age at the time. Juanita Sakosko is Claimant's girlfriend of some nine years. Claimant generally resides in Ms. Sakosko's home. She has observed Claimant's behavior and general health before and after his accident in April, 1995 while at Alton. Ms. Sakosko also stated that she would attempt to obtain a breakdown of medical bills paid by Claimant and Medicare respectively and submit same after hearing. Claimant has been on disability since 1991 and has not been employed since Ms. Sakosko met him.

Dr. Debra Ferguson is Chief Psychologist at Alton Mental Health Center and has been in that position since November, 1999. She has a Ph.D. in clinical psychology and has testified as an expert witness regarding mental health issues on many occasions. Dr. Ferguson reviewed Claimant's medical records and progress notes from Alton before testifying.

Dr. Debra Ferguson testified that the Claimant was voluntarily admitted to the mental health facility on April 18, 1995. She further stated that as the Claimant also stated, he levels out fairly quickly and fairly dramatically once he is on his pharmacological treatment. She testified that immediately upon admission to the facility, he began taking medication. Dr. Ferguson stated that on April 27, 1995, three days prior to the incident, Claimant was assessed as ready for discharge. She testified that on April 25, 1995 he was listed as legally competent.

Dr. Ferguson stated that Claimant had regained his ability to reason and make decisions as a normal mentally health person on the day of his accident due to his maintenance medications. She further stated that like anyone, there is no guarantee that Claimant will always make good decisions. Dr. Ferguson opined that Claimant was well in control of his mental faculties and able to make a reasoned decision as to his foot race on April 30, 1995.

No expert testimony was presented by Claimant to refute his ability to make reasoned decisions on the date of his injury. It was also adduced on cross-examination that Mr. Little has never been deemed unable to function independently upon release after services of mental health facilities. He has never been deemed incompetent to take care of his basic needs nor required the services of an appointed guardian.

Claimant himself stated that he was responsible for his own injuries, as he knew where the steps were and should have stopped before reaching them.

In order for a Claimant to recover against the State in a negligence claim, he must prove by a preponderance of the evidence that the State owed a duty of care, that the duty was breached by a negligent act or omission, and that such negligence was the proximate cause of the injuries sustained. Harry W. Kuhn Redi-Mix Concrete, et al. v. State of Illinois, 45 Ill.Ct.Cl. 33, 41 (1993). The State and its agencies, including the Department of Mental Health, owe their wards and patients the duty of protection and reasonable care. Hefti v. State of Illinois, 49 Ill.Ct.Cl. 63, 79 (1996).

The evidence indicates that the Claimant was competent to make the decision to stop running and avoid injuries himself. Dr. Ferguson testified that the Claimant was competent and ready for discharge three days prior to the accident. The decision by the technician to allow the patients to have a foot race does not appear to be unreasonable under the circumstances. The record indicates that Claimant was given the greatest freedom allowable at Alton due to his impending discharge and that Mr. Chappell was essentially an escort and observer rather than engaged in explicit direction of Claimant's actions pursuant to his assigned duties.

We find that the Claimant was more the 50% responsible for his injuries. Again, Dr. Ferguson testified that the Claimant was on medication and could appreciate actions that might cause him harm. The decision by the Claimant to run a foot race was voluntary and led to the injuries he sustained by his own admission.

Conclusion

Claimant has failed to meet his burden of proof as to Respondent's negligence.

This claim is hereby denied and dismissed.

JANN, J.