Nolan v. Weil-McLain

State: Illinois

Docket No: 103137 Rel

Case Date: 04/16/2009

Preview:Docket No. 103137.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

SALLY NOLAN, as Executrix of the Estate of Clarence Nolan, Appellee v. WEIL-McLAIN, Appellant. Opinion filed April 16, 2009.

JUSTICE FREEMAN delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Garman, Karmeier, and Burke concurred in the judgment and opinion. Justice Kilbride dissented, with opinion. Justice Thomas took no part in the decision.

OPINION Plaintiff, Sally Nolan, as executrix of the estate of her late husband, Clarence Nolan (decedent), sought recovery in the circuit court of Vermilion County against defendant, Weil-McLain, for the wrongful death of her husband. The jury returned a verdict for plaintiff, and a majority of the appellate court affirmed. 365 Ill. App. 3d 963. For the reasons that follow, we reverse the judgment of the appellate court and remand this cause to the circuit court for a new trial.

BACKGROUND Because of our ultimate disposition of this appeal, it is unnecessary for us to set forth the facts in detail. 1 We recite only those relevant to the issue presented. A. Pretrial Proceedings In 2001, Clarence and Sally Nolan filed their original complaint against 12 corporations

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