Varelis v. Northwestern Memorial Hospital

The question raised in this appeal is whether the personal representative of a decedent may pursue an action under the Wrongful Death Act even though the decedent, during his lifetime, obtained a judgment in a personal injury action based on the same occurrence. The courts below gave conflicting answers to this question, with the trial judge barring the wrongful death action and the appellate court permitting the action to go forward (266 Ill. App. 3d 578). We allowed the defendant’s petition for leave to appeal (145 Ill. 2d R. 315(a)). We now reverse the judgment of the appellate court and…