DeSMET EX REL. v. County of Rock Island

Chief Justice Thomas and Justices Freeman, Fitzgerald, Kilbride and Garman concurred in the judgment and opinion.

Justice McMorrow dissented, with opinion.

OPINION

The plaintiff, Mary L. DeSmet, as personal representative of the estate of the decedent, Doris F. Hays (Hays), filed a multicount complaint in the circuit court of Rock Island County naming several local governmental entities, and their various employees, parties defendant. Plaintiffs complaint alleged that each violated a duty to the plaintiffs decedent and was hable to plaintiff pursuant to the provisions of the Survival Act (755…