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Illinois Wrongful Death Plaintiff's Verdict Awarding Damages to Decedent's Parents and Siblings Vacated when Post-Judgment Discovery Established She was Survived by Husband
Tuesday, November 11, 2014

Decedent was killed when defendant's truck struck her on the Indiana toll way. Her father filed a wrongful death suit, and a jury awarded $4.25 million damages to her parents and eight siblings. After judgment and over plaintiff's objection, the Court allowed additional discovery which revealed decedent was survived by a husband whom she married by proxy in her native Mali. The Court then vacated the judgment and dismissed the case.

The First District affirmed. It determined it was appropriate for the Court to allow post-judgment discovery when the judge became aware of the possibility decedent was married at the time of her death. When a decedent is survived by a spouse and no children, the spouse is the only person entitled to recover under the Wrongful Death Act. Bangaly v. Baggiani, 2014 IL App (1st) 123760.

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