Hastings v. State
24 N.E.3d 1283
Ill. App. Ct.2015Background
- Hastings filed in the Court of Claims against the State (Department of Agriculture) for injuries suffered at the Du Quoin State Fairgrounds on August 21, 2008.
- She slipped on an extremely slick entry alcove floor of a women’s bathhouse while entering the bathhouse; fracture to her knee alleged.
- The sidewalk to the alcove had a broom finish; the alcove entry was a trowel finish, with engineer testimony linking surface friction changes to the fall.
- The Court of Claims granted summary judgment for the Department; Hastings sought review via petition for writ of certiorari in the circuit court.
- The circuit court dismissed the certiorari petition for lack of subject-matter jurisdiction, holding certiorari reviews only due process considerations rather than merits; Hastings appealed.
- The appellate court ultimately affirmed, holding Hastings was afforded due process and certiorari review is narrow to procedural due process, not merits review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of certiorari review for Court of Claims decisions | Hastings argues certiorari should review merits | Department argues certiorari is narrow to due process | Certiorari review is limited to due process adequacy, not merits |
| Whether Hastings received due process in the Court of Claims proceeding | Hastings contends she was not afforded proper process | Department asserts due process was provided | Hastings was afforded adequate notice and opportunity to be heard |
| Merits of Court of Claims ruling on notice/limitations not reviewable | Rearguing the merits regarding notice/limitations | Merits are not reviewable in certiorari | Merits are not reviewable; only due process sufficiency is considered |
Key Cases Cited
- Reichert v. Court of Claims, 203 Ill.2d 257 (2003) (certiorari limited to due process protections; not merits)
- Reyes v. Court of Claims, 299 Ill. App.3d 1097 (1998) (due process adequate; circuit may not review merits)
- Lake v. State, 401 Ill. App.3d 350 (2010) (scope of certiorari limited to due process)
- Rossetti Contracting Co. v. Court of Claims, 109 Ill.2d 72 (1985) (certiorari review scope; not merits review)
- Klopfer v. Court of Claims, 286 Ill. App.3d 499 (1997) (acknowledges narrow certiorari review)