1Wilmes is not a party to this appeal.
2 After Kulisek died during the course of pretrial proceedings, the complaints for
wrongful death and survival were added to the complaint.
MARCH 31, 2009
RICHARD MARSTON, as Independent Administrator for the ) Appeal from the
Estate of Leonard J. Kulisek, ) Circuit Court of
) Cook County.
WALGREEN COMPANY, an Illinois Corporation, )
) No. 02 L 13158
(Mia Crickman and Charles Kulisek, )
Intervening Plaintiffs-Appellees and Cross-Appellants; ))
James Wilmes, ) Honorable
Defendant; ) Arthur L. Janura, Jr.,
) Thomas L. Hogan, and
The Department of Human Services, ) Donald Suriano,
Intervenor). ) Judges Presiding.
JUSTICE CUNNINGHAM delivered the opinion of the court:
In this personal injury, wrongful death, and survival action in October 2006, a jury found
defendants Walgreen Company (Walgreen) and Walgreen’s pharmacist, James Wilmes,1 to have
been negligent in providing the wrong prescription drugs to Leonard Kulisek, then 77 years old. This
event occurred on January 1, 2001, at a Walgreen’s store in Schaumburg, Illinois. Kulisek suffered
grave injuries and ultimately death.2 Following trial, the jury awarded to plaintiff Richard Marston,
as independent administrator of Kulisek’s estate, compensatory damages in the amount of
$6,351,107, and $25 million in punitive damages. The trial judge then divided the punitive damages,