Winter v. Schneider Tank Lines, Inc.

PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court;

These are consolidated appeals from orders of the trial court dismissing count II in each second amended complaint seeking to recover punitive damages under sections 1 and 2 of the Illinois Wrongful Death Act (Ill. Rev. Stat. 1979, ch. 70, pars. 1, 2) (the Act) and entering judgment for defendants. Plaintiff contends that the Act permits recovery of punitive damages.

The second amended complaints, asking for compensatory and punitive damages, alleged in substance that decedents Ted and Joan Winter were passengers in an auto which was…