Nolan v. Weil-McLain

Chief Justice Fitzgerald and Justices Carman, Karmeier, and Burke concurred in the judgment and opinion.

Justice Kilbride dissented, with opinion.

Justice Thomas took no part in the decision.

OPINION

Plaintiff, Sally Nolan, as executrix of the estate of her late husband, Clarence Nolan (decedent), sought recovery in the circuit court of Vermilion County against defendant, Weil-McLain, for the wrongful death of her husband. The jury returned a verdict for plaintiff, and a majority of the appellate court affirmed. 365 Ill. App. 3d 963. For the reasons that follow, we reverse the judgment of the…