Murphy v. Martin Oil Co.
Illinois Supreme Court
308 N.E.2d 583 (Ill. 1974)
Relevant factsFree
Mr. Murphy was injured in a fire on the premises of Martin Oil Co. (defendant) and survived nine days before dying of his injuries; his wife (plaintiff) sued under both a wrongful-death statute and a survival statute, seeking damages for his lost wages during those nine days, the destruction of the clothes he was wearing when injured, and his pain and suffering during that interim period. The trial court dismissed the survival action entirely, and the appellate court partially reinstated it.
IssueFree
Whether a plaintiff may maintain a wrongful-death action and a personal-injury (survival) action concurrently even when both arise from the same incident.