Morris v. William L. Dawson Nursing Center, Inc.

The issue in this case is whether, under the Wrongful Death Act (Act) (740 ILCS 180/2 (West 1998)), dependent brothers and sisters of a decedent may share in the proceeds of a successful wrongful death suit even though decedent is also survived by descendants. We hold that this issue is resolved by reference to the laws of intestate succession, and that under the facts of this case, decedent’s grandchildren alone are next of kin and thus are entitled to share exclusively in the proceeds of such a suit.

BACKGROUND

The dispute in this case arises out of the death of decedent, Georgia Holland, at…