Wyness v. Armstrong World Industries, Inc.

At issue in this case is whether the two-year filing provision of the Wrongful Death Act (Ill. Rev. Stat. 1987, ch. 70, par. 1 et seq.) must be triggered by the “discovery rule” at such time that the cause of action may accrue prior to the death of an individual when a potential plaintiff seeking relief under the Act knows or reasonably should know of a wrongfully caused injury which may lead to death. We answer that question in the negative.

Appellee, Mary Wyness, initiated this action individually and as special administrator of the estate of her deceased husband, James Wyness, in the…