Docket No. 103137.
THE STATE OF ILLINOIS
SALLY NOLAN, as Executrix of the Estate of Clarence Nolan,
Appellee v. WEIL-McLAIN, Appellant.
Opinion filed April 16, 2009.
JUSTICE FREEMAN delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Garman, Karmeier, and
Burke concurred in the judgment and opinion.
Justice Kilbride dissented, with opinion.
Justice Thomas took no part in the decision.
Plaintiff, Sally Nolan, as executrix of the estate of her late
husband, Clarence Nolan (decedent), sought recovery in the circuit
court of Vermilion County against defendant, Weil-McLain, for the
wrongful death of her husband. The jury returned a verdict for
plaintiff, and a majority of the appellate court affirmed. 365 Ill. App.
3d 963. For the reasons that follow, we reverse the judgment of the
appellate court and remand this cause to the circuit court for a new