Maki v. Frelk

MR. PRESIDING JUSTICE MORAN

delivered the opinion of the court.

On October 16, 1964, plaintiff’s decedent was killed in an intersection collision at Route 47 and Plato Road in Kane County. Plaintiff, as Administrator of the Estate of Charles Raymond Maki, Deceased, filed a three-count complaint, basing her cause of action upon the Wrongful Death Act. (Ill Rev Stats 1965, c 70 §§ 1 and 2.) Count three of her complaint did not allege that the plaintiff’s decedent was in the exercise of ordinary care for his own safety at the time of the collision in question, but did allege “that at times…