Alton v. Byerly Aviation, Inc.

The plaintiff, administrator of the estate of Marty James Alton, deceased, appealed from a summary judgment in favor of defendant, Byerly Aviation, Inc. Plaintiff filed suit in an action at law to recover damages alleging that the plaintiffs decedent, a minor, died as a result of asphyxiation by inhalation of toxic hydrocarbon fumes from aviation fuel. Plaintiff alleged that defendant had a legal duty not to employ a minor under the age of 16 years (Ill. Rev. Stat. 1973, ch. 48, par. 31.1 etseq.), and that the resulting breach of that duty proximately caused the decedent’s death. The…