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14 Illinois opinions name it 2 courts 1999–2019 0 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Wilmere v. Stiboltgreen2 sentences2018Justices Lampkin and Rochford concurred in the judgment and opinion. 1 "[O]nly the administrator or executor of a decedent's estate, and not the decedent's survivors, can maintain an action on behalf of the decedent under the Survival Act." Wilmere v. Stibolt , 152 Ill. 2018Defendants initially denied liability, but on June 16, 2016, they admitted liability and agreed to try the case on damages only. ¶5 In July 2016, a probate estate for the decedent was opened (case No. 2016 P 4266 ), and on July 14, 2016, Rosa Castaneda was appointed independent administrator of the estate to prosecute the survival claim.1 Sanchez prosecuted the wrongful death claim as special administrator.2 “[O]nly the administrator or executor of a decedent’s estate, and not the decedent’s survivors, can 1 maintain an action on behalf of the decedent under the Survival Act.” Wilmere v. Stibo | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Advincula v. United Blood Services
green
2 sentences2015Id. at 42 . ¶ 43 Thirteen years earlier, the United States District Court for the Northern District of Illinois held that “the ‘discovery rule’ applies in actions brought under the Illinois Survival Act.” Eisenmann, 567 F. Supp. at 1354 . 2015Id. at 42 . ¶ 43 Thirteen years earlier, the United States District Court for the Northern District of Illinois held that “the ‘discovery rule’ applies in actions brought under the Illinois Survival Act.” Eisenmann, 567 F. Supp. at 1354 . | 4 | 2015–2015 |
Eisenmann v. Cantor Bros., Inc.
green
2 sentences2015Id. at 42 . ¶ 43 Thirteen years earlier, the United States District Court for the Northern District of Illinois held that “the ‘discovery rule’ applies in actions brought under the Illinois Survival Act.” Eisenmann, 567 F. Supp. at 1354 . 2015Id. at 42 . ¶ 43 Thirteen years earlier, the United States District Court for the Northern District of Illinois held that “the ‘discovery rule’ applies in actions brought under the Illinois Survival Act.” Eisenmann, 567 F. Supp. at 1354 . | 4 | 2015–2015 |
Roth v. Illinois Farmers Insurance
green
2 sentences2006The survival claim asserted by Angela Roth's estate for Angela's predeath injuries and the wrongful-death claim asserted by her parents and siblings for Angela's resulting death qualify under the terms as two or more persons seeking payment for bodily injury (injury to the body of Angela Roth and the death of Angela Roth) sustained in any one accident." Roth, 324 Ill. 2006The survival claim asserted by Angela Roth’s estate for Angela’s predeath injuries and the wrongful-death claim asserted by her parents and siblings for Angela’s resulting death qualify under the terms as two or more persons seeking payment for bodily injury (injury to the body of Angela Roth and the death of Angela Roth) sustained in any one accident.” Roth, 324 Ill. | 2 | 2006–2006 |
Muro v. Abel Freight Lines, Inc.
green
2 sentences1999Muro v. Abel Freight Lines, Inc., 283 Ill. 1999Muro v. Abel Freight Lines, Inc. , 283 Ill. | 2 | 1999–1999 |
Gibbons v. City of Troy
green
1 sentence2019Kellian’s disability of infancy was removed by her death on August 17, 1985 (see, Barnes v. County of Onondaga, [ 481 N.Y.S.2d 539 (App. Div. 1984), aff’d, 481 N.E.2d 245 (N.Y. 1985)]; Gibbons v. City of Troy, [ 457 N.Y.S.2d 950 (App. Div. 1982)]). | 1 | 2019–2019 |
Barnes v. County of Onondaga
green
1 sentence2019Kellian’s disability of infancy was removed by her death on August 17, 1985 (see, Barnes v. County of Onondaga, [ 481 N.Y.S.2d 539 (App. Div. 1984), aff’d, 481 N.E.2d 245 (N.Y. 1985)]; Gibbons v. City of Troy, [ 457 N.Y.S.2d 950 (App. Div. 1982)]). | 1 | 2019–2019 |
Stanphill v. Ortberg
green
1 sentence2019After reviewing the record, the court found that plaintiff’s objections at trial to the special interrogatory sufficiently 3 No damages were awarded on the survival claim. -7- raised an objection to the inclusion of Ortberg in its wording. 2017 IL App (2d) 161086, ¶ 23 . | 1 | 2019–2019 |
Cushing v. Greyhound Lines
green
1 sentence2018App. 3d 642, 646 (1987); Cushing v. Greyhound Lines, Inc., 2012 IL App (1st) 100768, ¶ 100 . | 1 | 2018–2018 |
Boullt v. State Farm Mut. Auto. Ins. Co.
green
1 sentence2009Boullt, 99 — 0942, p.1-2, 752 So. 2d at 740 . | 1 | 2009–2009 |
Penberthy v. Price
green
2 sentences2004Penberthy, 281 Ill. 2004Penberthy, 281 Ill.App.3d at 21 , 216 Ill.Dec. 902 , 666 N.E.2d 352 . | 1 | 2004–2004 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.