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LEONARD v. KURTZ

No. 3-91-0948.

600 N.E.2d 896 (1992)

234 Ill. App.3d 553

175 Ill.Dec. 653

Natalie LEONARD, Petitioner-Appellant, v. Karl KURTZ, Individually; Kurtz Memorial Chapel, Ltd., an Illinois corporation; Kurtz Ambulance Service, Inc., an Illinois corporation; Kurtz Paramedic Service, Inc., an Illinois corporation; Park Crematory, Inc., an Illinois corporation; and Gerald Dames, Individually and d/b/a Gerald Dames and Sons Funeral Home, Respondents-Appellees.

Appellate Court of Illinois, Third District.

September 22, 1992.

Attorney(s) appearing for the Case

Laird M. Ozmon, James P. Stevenson (argued), Laird M. Ozmon, Ltd., Joliet, for Natalie Leonard.

Miles P. Cahill, Modesto, Reynolds & McDermott, Wheaton, for Karl Kurtz, Kurtz Memorial, Kurtz Ambulance and Kurtz Paramedics.

Patrick Norris (argued), Matyas & Norris, Chicago, for Park Crematory.

Roman R. Okrei (argued), Stefanich, McGarry, Wols & Okrei, Joliet, for Gerald Dames and Gerald Dames & Sons Funeral Home.

Justice McCUSKEY delivered the opinion of the court:

The trial court dismissed various negligence counts alleged in plaintiff's amended complaint. We granted leave to appeal pursuant to Supreme Court Rule 308 to consider the following two questions of law:

"1. In a wrongful cremation cause of action, is the surviving spouse (or relatives) a bystander pursuant to Rickey v. Chicago Transit Authority (1983), 98 Ill.2d 546

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