McGill v. Lazzaro

Plaintiffs, Joseph Frank McGill, a minor, Colleen Ann McGill, a minor, Thomas McGill, a minor, and David Patrick McGill, a minor, by their mother and legal guardian, Phyllis McGill Best, appeal from an order of the circuit court of Cook County dismissing their complaint against defendant, Milton Ruben. The sole issue on appeal is whether an action for professional negligence, fraud and breach of fiduciary duty against an attorney abates with the death of the attorney.

On November 27, 1974, plaintiffs brought a two-count complaint against Nicholas Lazzaro and Milton Ruben. Count I sought to set…