[Download] "Kupianen v. Graham" by Illinois Appellate Court — First District (2Nd Division) Reversed and Remanded " Book PDF Kindle ePub Free
eBook details
- Title: Kupianen v. Graham
- Author : Illinois Appellate Court — First District (2Nd Division) Reversed and Remanded
- Release Date : January 08, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
James Kupianen was an occupant in a vehicle driven by Kimberly Hovanes when it collided with a Palos Park police vehicle driven by John Grigas at the intersection of 123d Street and 86th Avenue in Palos Park, Illinois, on July 8, 1978. Kimberly Hovanes died thereafter and an estate was opened in her behalf with Elaine Graham named as her administrator. Kupianen filed a complaint against Graham, the Village of Palos Park (sometimes Village) and Grigas for personal injuries. Graham filed an answer denying responsibility for Kupianen's injuries and filed a counterclaim in three counts against the Village of Palos Park and Grigas. Counts I and II of the counterclaim alleged negligence against the Village of Palos Park and Grigas. These counts are not at issue. Count III of the counterclaim alleged wilful and wanton misconduct against the Village and Grigas and requested relief in the form of both compensatory and punitive damages. On motion of the Village and Grigas, pursuant to section 45 of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 45), count III was dismissed with prejudice on the ground that punitive damages are not recoverable under the Illinois Survival Act (Ill. Rev. Stat. 1979, ch. 110 1/2, par. 27-6, formerly 1975, ch. 3, par. 339), and the Illinois Wrongful Death Act (Ill. Rev. Stat. 1979, ch. 70, par. 1 et seq.). Thereafter Graham moved to vacate the order of dismissal and sought to amend count III by deleting punitive damages from the ad damnum, which motion was denied on the ground that a cause of action for wilful and wanton misconduct is precluded under the Wrongful Death Act by the holding of the supreme court in Mattyasovszky v. West Towns Bus Co. (1975), 61 Ill.2d 31, 330 N.E.2d 509 (hereinafter Mattyasovszky). From this order of dismissal, Graham pursues the appeal, identifying as error the trial court's dismissal of count III alleging wilful and wanton misconduct in a wrongful death action and asserting abuse of discretion by the trial court in refusing to allow count III of the counterclaim to be amended.