Zawaski v. Frainey

This interlocutory appeal arises from an order of the circuit court of Cook County denying defendant Lizabeth Frainey’s motion to dismiss a wrongful death action brought against her by her mother-in-law, plaintiff Mary Frainey Zawaski, as administrator of defendant’s late husband’s estate on behalf of the minor child of the parties. After entering its order denying the motion to dismiss, the court certified the following question to this court pursuant to Supreme Court Rule 308 (87 Ill. 2d R. 308):

“May the Administrator of a decedent’s estate maintain a cause of action under the Illinois…