ANTHONY THOMPSON v. STATE OF ILLINOIS (2011)

ORDER

THIS MATTER is before the Court on Respondent's Motion to Dismiss for Claimant's alleged failure to exhaust legal remedies pursuant to 705 ILCS 505/25 and 74 Ill. Admin. Code § 790.60.

Nature of the Claim

On September 23, 2003, the Illinois Motorcycle Dealers Association (“IDMA”) leased portions of the Du Quoin State Fair Grounds for the dates of a motorcycle race event. On September 24, 2004, Claimant was working at the Du Quoin State Fairgrounds laying video cable along the west side fence of the racetrack for a motorcycle race event to be held on September 24th and 25th. While Claimant was stepping around various bushes lining the west side of the fence, he came across an apparent utility access entry with steel doors. After stepping on the doors, the doors opened and Claimant fell into a pit, resulting in injuries to his left inside arm, right ribcage and knee area. Included within the lease between the Illinois Motorcycle Dealers Associations and Illinois Department of Agriculture was the backstage area, the site where Claimant was working during the alleged incident.

Analysis

Respondent's Motion to Dismiss exhaustion arguments require that Claimant has (or had) a plausible claim against the suggested alternative source of recovery, the Illinois Motorcycle Dealers Association. If an alternative source of recovery for the claimed injury is shown to exist, in whole or in part, our Act and our rule command that no judgment can be entered by this Court until that potential recovery is resolved and reduces the State's liability. 705 ILCS 505/25; 74 Ill. Admin. Code § 790.60. Additionally, if it is shown that the Claimant could have, but now cannot, pursue a real alternative source of recovery for the injury, then this Court will dismiss the claim against the State for Claimant's failure to exhaust that remedy.

Pursuant to the “Non-Fair Building and Space Rental Agreement” executed on September 23, 2004 between the Illinois Department of Agriculture and the Illinois Motorcycle Dealers Association, Respondent argues that the IMDA, as lessee, had the sole and exclusive responsibility for the operation and maintenance of the property. Thus, they argue the State, as landlord, cannot be culpable for the alleged negligence on the date of Claimant's injuries. Claimant argues, in his April 25, 2011 Response to Respondent's Motion to Dismiss, that there are no facts demonstrating that IMDA was a “culpable party” and thus, Claimant did not necessarily have to file a claim against IMDA. After reading the specifics of the agreement executed between the parties, this Court agrees with Respondent.

Specifically, the September 23, 2004 rental agreement details that the lessee, the IMDA, assumes all safety responsibility for any alterations, presumably such as the process of laying cable around the perimeter of the racetrack which allegedly lead to Claimant's injuries. Generally, a landlord is not liable for injuries caused by a defective condition on the premises leased to a tenant and under the tenant's control. Rowe v. State Bank of Lombard, 125 Ill. 2d 203 (1988). Almendarez v. Keller, 207 Ill. App. 3d 756 (1990); Wright v. Mr. Quick, Inc., 109 Ill. 2d 236 (1985). Claimant has failed to demonstrate that a claim against IDMA, the lessee of the site of the alleged accident, would be frivolous. Thus, Claimant had a potential claim against the lessee of the property, IDMA, which he failed to pursue pursuant to the exhaustion requirement of 705 ILCS 505/25 and 74 Ill. Admin. Code §790.60. This exhaustion requirement is a mandatory element of the Court of Claim's subject matter jurisdiction. Devany v. State, 48 Ill. Ct. Cl. 461 (1996); Morge v. State, 47 Ill. Ct. Cl. 318 (1994).

IT IS HEREBY ORDERED that Respondent's Motion to Dismiss for Claimant's failure to exhaust legal remedies against the Illinois Motorcycle Dealers Association pursuant to the provisions of 705 ILCS 505/25 and 74 Ill. Admin. Code § 790.60 is GRANTED.

BIRNBAUM, J.