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HOWE v. CLARK EQUIPMENT CO.

No. 17365.

104 Ill. App.3d 45 (1982)

432 N.E.2d 621

ROBERT W. HOWE, Adm'r of the Estate of Cloyd Howe, Deceased, Plaintiff-Appellant, v. CLARK EQUIPMENT COMPANY, Defendant-Appellee. — (KEITH KEMPER, Defendant.)

Appellate Court of Illinois — Fourth District.

Opinion filed February 18, 1982.

Attorney(s) appearing for the Case

Phebus, Tummelson, Bryan & Knox, of Urbana (Joseph W. Phebus and Janet E. Flaccus, of counsel), for appellant.

Wildman, Harrold, Allen & Dixon, of Chicago (Fred E. Schulz and Ruth E. Van Demark, of counsel), for appellee.

Affirmed in part, and reversed in part and remanded.

JUSTICE WEBBER delivered the opinion of the court:

This appeal presents a question concerning punitive damages; specifically, whether they are recoverable under section 2 of the Wrongful Death Act (Ill. Rev. Stat. 1979, ch. 70, par. 2) or under section 27-6 of the Probate Act of 1975 (Ill. Rev. Stat. 1979, ch. 110 1/2, par. 27-6) (the Survival Act), or under neither. Since the case comes to us at the pleading...

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