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eBook details

• Title: Mattyasovszky v. West Towns Bus Co.
• Author : Supreme Court of Illinois
• Release Date : January 02, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Matyas Mattyasovszky, Jr., a 12-year-old boy, left a bus operated by the defendant, West Towns Bus Company, by the rear door at the wrong stop. When he attempted to re-enter, his foot was apparently momentarily caught in the door, and he fell under the wheels and was killed as the bus moved forward. In this action, brought by his father as administrator of his estate, a jury found the defendant guilty of willful and wanton conduct and awarded the plaintiff $75,000 pecuniary damages and $50,000 punitive damages. Judgment was entered on the verdict and the defendant appealed. The appellate court affirmed the award of pecuniary damages, but reversed the judgment which awarded punitive damages. (21 Ill. App.3d 46.) We granted leave to appeal. Many interesting and important questions that arose in the trial and appellate courts have not been brought forward for review, and as the case comes to this court the issues are severely limited. Only two questions are presented: (1) Are punitive damages recoverable under the Survival Act (Ill. Rev. Stat. 1971, ch. 3, par. 339), and (2) Is there a common law action for wrongful death which includes the element of punitive damages.

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