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PRUITT v. JOCKISCH

No. 4-91-0719.

591 N.E.2d 942 (1992)

228 Ill. App.3d 295

169 Ill.Dec. 438

Douglas L. PRUITT, Special Administrator of the Estate of Crystal Niki Pruitt, Deceased, Plaintiff-Appellant, v. Steve JOCKISCH and Deborah Jockisch, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Rehearing Denied June 1, 1992.

Attorney(s) appearing for the Case

Norbert J. Goetten, Jerseyville (Kenneth H. Hobson, Eldred, of counsel), for plaintiff-appellant.

Rammelkamp, Bradney, Dahman, Kuster, Keaton, Fritsche & Lindsay, P.C., Jacksonville (Forrest G. Keaton of counsel), for defendants-appellees.

Presiding Justice GREEN delivered the opinion of the court:

Section 3 of the Wrongful Death Act (Act) states:

"In the event that the only asset of the deceased estate is a cause of action arising under this Act, and no petition for letters of office for his or her estate has been filed, the court, upon motion of any person who would be entitled to a recovery under this Act, and after such notice to the party's heirs or legatees as the court directs,

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