MacDonald v. Hinton

Plaintiff Tammy MacDonald appeals from the order of the circuit court of Cook County granting defendant William Hinton’s motion to dismiss her complaint for failure to state a claim pursuant to section 2- — 615 of the Code of Civil Procedure (Code) (735 ILCS 5/2 — 615 (West 2004)). Plaintiff sued defendant, who employed her son Nicholas Michael James until he was murdered by one of his coworkers, convicted murderer David Maust, for damages under the Wrongful Death Act (740 ILCS 180/0.01 et seq. (West 2004)), the “survival statute” of the Probate Act of 1975 (755 ILCS 5/27 — 6 (West 2004)),…