Illinois Supreme Court Civil Issues Pending: Punitive Damages
[UPDATED THROUGH May 14, 2012]
Vincent v. Alden Park Strathmoor, Inc.
Supreme Court Case Number: 110406
Appellate Court: Second District
Appellate Court Case Number: 2-09-0625
Issue Presented: Does a claim for common law punitive damages pursuant to the Nursing Home Care Act survive the death of the nursing home patient?
Appellate Court Opinion Summary: Plaintiff sued as the legal representative of the estate of a deceased nursing home patient, seeking compensatory damages under the Nursing Home Care Act. In his complaint, plaintiff expressly reserved the right to seek an award of common law punitive damages. Defendant moved to strike the reservation on the grounds that any claim for punitive damages did not survive the decedent's death. The trial court granted the motion to strike and certified the survival issue for interlocutory appeal. The Appellate Court reversed. The Court found that there was no specific statutory authority for such an award. The plaintiff also argued that equitable considerations weighed in favor of survival, but the Court held that even if such an exception existed, equitable considerations did not support permitting survival in the case before it.
Citation to Opinion: 399 Ill.App.3d 1102, 928 N.E. 2d 115, 340 Ill. Dec. 396
