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WYNESS v. ARMSTRONG WORLD INDUSTRIES

No. 67554.

131 Ill.2d 403 (1989)

546 N.E.2d 568

MARY V. WYNESS, Indiv. and as Special Adm'r of the Estate of James J. Wyness, Deceased, Appellee, v. ARMSTRONG WORLD INDUSTRIES, INC., et al., Appellants.

Supreme Court of Illinois.

Opinion filed October 25, 1989.

Attorney(s) appearing for the Case

Baker & McKenzie, of Chicago (Francis D. Morrissey, Daniel J. Cheely, John A. Krivicich, Thomas W. Cushing, Paul B. O'Flaherty, Jr., and Anne T. Stinneford, of counsel), for appellant Armstrong World Industries, Inc., et al.

Wildman, Harrold, Allen & Dixon, of Chicago (Edward J. Melia, of counsel), for appellant Combustion Engineering, Inc.

Burke & Burke, Ltd., of Chicago (John M. Burke and Molly C. Mason, of counsel), for appellee.

Kevin J. Conway, of Robert J. Cooney & Associates, and Kenneth J. Sophie, Jr., of the Law Offices of Gerard A. Facchini, both of Chicago, for amicus curiae Illinois Trial Lawyers Association.

Judgment affirmed.

JUSTICE CLARK delivered the opinion of the court:

At issue in this case is whether the two-year filing provision of the Wrongful Death Act (Ill. Rev. Stat. 1987, ch. 70, par. 1 et seq.) must be triggered by the "discovery rule" at such time that the cause of action may accrue prior to the death of an individual when a potential plaintiff seeking relief under the Act knows or reasonably should know of a wrongfully caused injury...

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