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Graul v. Adrian

Citations: 49 Ill. App. 2d 101; 1964 Ill. App. LEXIS 763; 199 N.E.2d 631Docket: Gen. No. 64-18

Court: Appellate Court of Illinois; June 3, 1964; Illinois; State Appellate Court

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An appeal was made concerning the dismissal of Count II of a complaint by the trial court, which involved Clarence P. Graul, the father of a deceased minor, Gerald W. Graul. Count I of the complaint was filed under the Wrongful Death Act, claiming that Gerald's death was due to the defendant’s wrongful act. Count II sought to recover medical and funeral expenses incurred by Clarence individually due to the same wrongful act. The appeal focuses on whether a parent can recover these expenses separately from the damages awarded under the Wrongful Death Act.

The defendant argued that parents have no legal obligation to pay for the medical and funeral expenses of their minor children, asserting that these expenses cannot be claimed in addition to the wrongful death recovery. Under the Wrongful Death Act, damages are restricted to the pecuniary loss suffered by the deceased's next of kin, excluding medical and funeral costs. However, the Husband and Wife Act stipulates that family expenses, including medical and funeral costs, can be claimed, and both spouses are liable for each other's expenses.

Legal precedents affirm that a surviving spouse can claim medical and funeral expenses in a separate action following a wrongful death, in addition to the Wrongful Death Act recovery. Similarly, courts have consistently held that parents are responsible for their minor children's medical expenses. The defendant's position relies on a specific case, Wright v. Royse, which concluded that no direct obligation exists for parents regarding these expenses under certain statutory sections.

The court concluded that, under the Husband and Wife Act and specific sections of Chapter 23 of the Statute, parents are not directly liable for the medical and funeral expenses of their minor children. However, this does not preclude them from recovering such expenses in a separate action against the wrongdoer if those expenses arise from injuries inflicted by another's wrongful act. The court clarified that expenses incurred by parents for a minor child are recoverable in addition to damages allowable under the Wrongful Death Act, emphasizing that this does not create a duplication of damages, as the Wrongful Death Act does not permit recovery for medical or funeral expenses. The ruling aligns with Illinois case law and adheres to the principle that losses should fall on the tortfeasor rather than an innocent party. The previous dismissal of Count II of the complaint and the judgment for the defendant were reversed and remanded with directions to vacate. Judges DOVE and REYNOLDS concurred with this decision.