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eBook details

• Title: Flynn v. Vancil
• Author : Supreme Court of Illinois
• Release Date : January 22, 1968
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

This appeal by defendant Patrick Vancil involves the wrongful death claim by plaintiff Ronald E. Flynn, as administrator of
the estate of his two-week-old child. The issue presented is whether the presumption of substantial pecuniary loss to lineal
kindred in wrongful-death cases is rebuttable so as to warrant a jury verdict finding liability but awarding no damages. The wrongful death claim was asserted by plaintiff administrator as a separate count in the original complaint, which also
included personal injury claims by said plaintiff and his wife individually, all arising out of an automobile accident allegedly
caused by defendant's negligence. The jury found in favor of all the plaintiffs on the issue of liability, but awarded no
damages on the wrongful-death count. From the judgment entered on that count by the circuit court of Rock Island County, plaintiff
administrator appealed to the appellate court. He presented as the only issue on appeal the following certified question of
law, pursuant to former Supreme Court Rule 48 (Ill. Rev. Stat. 1965, chap. 110, par. 101.48): "Can a jury verdict of liability
for the death of a two-week old female awarding no damages for the administrator for the benefit of the surviving mother and
father be sustained where there is evidence of incurable congenital physical defects impairing the health of the child?"

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