Kavanaugh v. Midwest Club, Inc.

Plaintiff, Marianne Kavanaugh, administrator of thé estate of her deceased husband, Thomas Kavanaugh, brought this wrongful death and survival action against defendants, Midwest Club, Inc., Village of Oak Brook (Oak Brook), and Du Page County, arising out of an occurrence in which her husband suffered an epileptic seizure while driving a vehicle, which then left the highway and became submerged in a retention pond on Midwest Club’s property, thereby resulting in his death by drowning. This interlocutory appeal by plaintiff under Supreme Court Rule 304(a) (107 Ill. 2d R. 304(a)) arises from an…