In Re Estate of Flake

Erica Flake, a minor, appeals the division of an award under the Wrongful Death Act and the Federal Employer’s Liability Act. We affirm.

Decedent Neal Flake was killed in 1981 in an accident while working for his employer, the Peoria and Pekin Union Railway Company. Neal’s sister, not a party here, instituted an action as his representative under the Federal Employer’s Liability Act (F.E.L.A.) (45 U.S.C. sec. 51 (1976)). The action listed Daniel Flake and Erica Flake as beneficiaries entitled to damages. Daniel is Neal’s child from his first marriage. Erica was found to be Neal’s illegitimate…