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Janus v. Tarasewicz

Illinois Appellate Court

482 N.E.2d 418 (1985)

Relevant factsFree

Newlyweds Stanley and Theresa Janus both ingested poisoned Tylenol; Stanley was pronounced dead at the hospital, but Theresa showed spontaneous circulatory function before later testing suggested brain death, and she was removed from life support and pronounced dead about a day and a half after Stanley. Stanley's life insurer paid Theresa's estate administrator (defendant), concluding Theresa survived him; Aljoza (plaintiff), the contingent beneficiary payable only if Theresa predeceased Stanley, sued, arguing insufficient evidence existed that both spouses hadn't already suffered brain death by the time they reached the hospital. Medical experts disagreed at trial about exactly when Theresa's brain death occurred, but the trial court found sufficient evidence she survived Stanley, without specifying by how long.

IssueFree

Whether, when spouses die in the same incident and the order of death is unclear, each is automatically presumed to have predeceased the other for purposes of asset distribution.

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