Subject Index Wrongful Death

On Dec. 16, 2021, the Illinois Supreme Court answered a certified question about whether a doctor who injured a fetus can be sued for wrongful death if the patient later consented to an abortion.

The Illinois Appellate Court rejected a hospital's affirmative defense that there was no evidence it proximately caused the death of a mentally unstable patient who had been shot to death by police at the hospital after a nurse discovered he had a gun.

On July 8, 2010, the Appellate Court of Illinois, Fifth District, reversed a motion to dismiss from the Circuit Court of Randolph County, finding that an amended complaint is not necessary when the administrator of an estate is not appointed until after a wrongful death action is filed.

On April 29, 2010, the Appellate Court of Illinois, Fourth District, upheld a decision of the Circuit Court of Macon County finding that the "slayer statute" prevents an individual deemed insane for criminal purposes, but nevertheless cognizant of murdering a person, from receiving any property, benefit or other interest he may have received by a death he caused.

On October 24, 2008, the Illinois Appellate Court, First District, answered in the negative a question about the Illinois Wrongful Death Act certified by the Circuit Court of Cook County on interlocutory appeal.

The Illinois General Assembly has amended Section 2 of the Wrongful Death Act, 740 ILCS 80/2. 

On October 23, 2001, the Appellate Court of Illinois, Fourth District, affirmed the decision of the Circuit Court of Vermilion County granting summary judgment to Illinois Power in a wrongful death action.

On March 30, 2001, the Appellate Court of Illinois, First District, affirmed the lower court's finding that alcohol-related liability, including social-host liability, has been preempted by the passage of the Dramshop Act.

On August 3, 1999, the Illinois Appellate Court affirmed the lower court finding that the plaintiff lacked standing to sue for wrongful death.