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VARELIS v. NORTHWESTERN MEMORIAL HOSP.

No. 77903.

657 N.E.2d 997 (1995)

167 Ill.2d 449

212 Ill.Dec. 652

Theodora VARELIS et al., Appellees, v. NORTHWESTERN MEMORIAL HOSPITAL, Appellant.

Supreme Court of Illinois.

October 26, 1995.

Attorney(s) appearing for the Case

James K. Horstman, Barry L. Kroll and C. Barry Montgomery, Williams & Montgomery, Ltd., and Steven H. Jesser, all of Chicago, for appellant.

Tom Leahy and Philip P. DeMaertelaere, Chicago, for appellees.

Peter A. Monahan, Linda J. Hay and Anne M. Oldenburg, Alholm & Monahan, Chicago, for amicus curiae Illinois Association of Defense Trial Counsel.

Mark D. Deaton, Naperville, for amicus curiae Illinois Hospital & HealthSystems Association.

Justice MILLER delivered the opinion of the court:

The question raised in this appeal is whether the personal representative of a decedent may pursue an action under the Wrongful Death Act even though the decedent, during his lifetime, obtained a judgment in a personal injury action based on the same occurrence. The courts below gave conflicting answers to this question, with the trial judge barring the wrongful death action and the appellate court permitting the...

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