decedent bar (Illinois) · Go Syfert
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decedent bar in Illinois

8 Illinois opinions name it 2 courts 1900–2011 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.

Followed or applied (2)

CaseFollowedCited
Applebaum v. RUSH UNIVERSITY MEDICAL CENTERgreen
ill · 2008 · cited in 1 Illinois opinions naming this issue, 2011–2011
1 sentence

2011Applebaum, 231 Ill. 2d at 432-33, 436, 444-48 .

11
Sea-Land Services, Inc. v. Gaudetred
scotus · 1974 · cited in 1 Illinois opinions naming this issue, 1995–1995
1 sentence

1995Ed. 2d 9, 18-19 , 94 S. Ct. 806, 812-13 (acknowledging majority rule but adopting, for purposes of admiralty law, view that personal injury action brought by injured person during lifetime does not foreclose later wrongful death action arising from same injury); Restatement (Second) of Judgments § 46, Comment b, at 18 (1982) ("In the distinct majority of jurisdictions, the rule is that the wrongful death action is 'derivative,’ i.e., an action by the beneficiaries under the wrongful death statute is permitted only if the decedent had a claim at the time of his death”), Reporter’s Note, at 21 (

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
In Re Estate of Gebis green
ill · 1999
2 sentences

2001Gebis, 186 Ill. 2d at 196 .

2001Gebis , 186 Ill. 2d at 196 .

22001–2001
Maki v. Frelk green
ill · 1968
2 sentences

1978(Maki v. Frelk, 40 Ill. 2d 193 , 239 N.E.2d 445 .) Therefore, freedom from contributory negligence must be affirmatively pleaded and proved by the plaintiff.

1978(Maki v. Frelk, 40 Ill. 2d 193 , 239 N.E.2d 445 .) Therefore, freedom from contributory negligence must be affirmatively pleaded and proved by the plaintiff.

11978–1978
Doran v. Cullerton green
ill · 1972
2 sentences

1978Doran v. Cullerton (1972), 51 Ill.2d 553 , 283 N.E.2d 865 . *384 • 3 We are aware that contributory negligence on the part of the next of kin of the decedent does not bar all recovery in a wrongful death action.

1978Doran v. Cullerton (1972), 51 Ill.2d 553 , 283 N.E.2d 865 . *384 • 3 We are aware that contributory negligence on the part of the next of kin of the decedent does not bar all recovery in a wrongful death action.

11978–1978
Anthony Ittner Brick Co. v. Ashby green
ill · 1902
2 sentences

1978(Goddard v. Enzler (1906), 222 Ill. 462 , 78 N.E. 805 ; Anthony Ittner Brick Co. v. Ashby (1902), 198 Ill. 562 , 64 N.E. 1109 .) We also note that the courts have provided a broad scope to the concept of “pecuniary injuries” by bestowing upon the widow and lineal kinsmen of a decedent a presumption of pecuniary loss which is sufficient to sustain a verdict and a judgment awarding substantial damages without proof of actual loss.

1978(Goddard v. Enzler (1906), 222 Ill. 462 , 78 N.E. 805 ; Anthony Ittner Brick Co. v. Ashby (1902), 198 Ill. 562 , 64 N.E. 1109 .) We also note that the courts have provided a broad scope to the concept of “pecuniary injuries” by bestowing upon the widow and lineal kinsmen of a decedent a presumption of pecuniary loss which is sufficient to sustain a verdict and a judgment awarding substantial damages without proof of actual loss.

11978–1978
Goddard v. Enzler green
ill · 1906
2 sentences

1978(Goddard v. Enzler (1906), 222 Ill. 462 , 78 N.E. 805 ; Anthony Ittner Brick Co. v. Ashby (1902), 198 Ill. 562 , 64 N.E. 1109 .) We also note that the courts have provided a broad scope to the concept of “pecuniary injuries” by bestowing upon the widow and lineal kinsmen of a decedent a presumption of pecuniary loss which is sufficient to sustain a verdict and a judgment awarding substantial damages without proof of actual loss.

1978(Goddard v. Enzler (1906), 222 Ill. 462 , 78 N.E. 805 ; Anthony Ittner Brick Co. v. Ashby (1902), 198 Ill. 562 , 64 N.E. 1109 .) We also note that the courts have provided a broad scope to the concept of “pecuniary injuries” by bestowing upon the widow and lineal kinsmen of a decedent a presumption of pecuniary loss which is sufficient to sustain a verdict and a judgment awarding substantial damages without proof of actual loss.

11978–1978
McCoy v. Morrow neutral
ill · 1857
1 sentence

1900McCoy v. Morrow, 18 Ill. 519 ; Fitzgerald v. Glancy, 49 id. 465.

11900–1900
Rosenthal v. Renick green
ill · 1867
2 sentences

1900(Rosenthal v. Renick, 44 Ill. 202 ; Moore v. Ellsworth, 51 id. 308 ; Judd v. Ross, 146 id. 40; McKean v. Viek, 108 id. 373; Furlong v. Riley, 103 id. 628; Bishop v. O’Conner, 69 id. 431; Wolf v. Ogden, 66 id. 224; Bursen v. Goodspeed, 60 id. 277.) So, also, it has been held, upon like grounds, that a delay of seven years after the death of the decedent will bar an application for letters of administration unless an earlier application is prevented by circumstances shown.

1900(Rosenthal v. Renick, 44 Ill. 202 ; Moore v. Ellsworth, 51 id. 308 ; Judd v. Ross, 146 id. 40; McKean v. Viek, 108 id. 373; Furlong v. Riley, 103 id. 628; Bishop v. O’Conner, 69 id. 431; Wolf v. Ogden, 66 id. 224; Bursen v. Goodspeed, 60 id. 277.) So, also, it has been held, upon like grounds, that a delay of seven years after the death of the decedent will bar an application for letters of administration unless an earlier application is prevented by circumstances shown.

11900–1900

Where else courts name it

CA 13 (1906–2008) NY 12 (1922–2025) KS 10 (1921–2009) IL 8 (1900–2011) PA 6 (1906–2023) GA 5 (1925–1998) MD 5 (2005–2016) NJ 5 (1951–2019) VA 5 (2000–2013) MN 4 (1929–1972) OR 4 (1961–2025) NE 4 (1948–2024) DE 3 (1965–2023) OH 3 (1964–1988) LA 3 (1975–2004) CO 3 (1970–2004) MS 3 (2001–2011) ND 3 (2018–2019) WI 3 (1945–2009) NC 3 (1985–2018) SC 2 (2013–2021) AR 2 (1916–1980) UT 2 (1919–1948) IA 2 (1922–1981) TN 2 (1980–2018) AZ 2 (1972–2014) WA 2 (2015–2015) OK 2 (1924–1976) MO 2 (1995–2008)

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.

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