Bak v. Burlington Northern, Inc.

Mr. PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

Patricia D. Cushing (the decedent) died from an overdose of Darvon, a pain-killing drug, nine months after she slipped and fell on the stairs in the railroad station of the defendant, Burlington Northern, Inc. (Burlington). Harry B. Bak, as executor of the estate of the decedent, sued Burlington, alleging negligence in a survival action in count I; and alleging negligence resulting in the ultimate death as an action for wrongful death (Ill. Rev. Stat. 1977, ch. 70, par. 2) in count II. The trial court entered summary judgment…