Witek v. Leisure Technology Midwest, Inc.

The single issue before us is whether a release executed by the administrator of an estate in settlement of a claim under the Wrongful Death Act precludes a subsequent recovery by the lineal heirs of the deceased for loss of support under the Dramshop Act.

Stanley J. Witek was killed on August 22, 1973, as the result of a collision between his vehicle and a train operated by the Chicago, Milwaukee & St. Paul Railroad. Verne Witek, the widow of the deceased, individually and as administrator of her husband’s estate and for the use and benefit of their minor child James Witek, filed suit against…