Rodgers v. Consolidated RR Corp.

These consolidated cases involve actions for the wrongful death of Daniel Rodgers. The decedent’s parents, Richard and Marjorie Rodgers, appeal from a denial of their petition to intervene in the administrator’s wrongful death action and a dismissal of their own wrongful death action. At issue is whether the parents of a decedent, who is also survived by a spouse and children, are beneficiaries under the Wrongful Death Act (Ill. Rev. Stat. 1983, ch. 70, pars. 1, 2).

Daniel Rodgers died on September 29, 1982, after a train struck the vehicle he was driving. He was survived by his wife, Pamela…