Magnani v. Trogi
Appellate Court of Illinois, Second District
218 N.E.2d 21 (1966)
- Written by Sean Carroll, JD
Facts
Helen Magnani (plaintiff) brought suit against Arnold Trogi (defendant) on two separate counts: (1) wrongful death as administratrix of the decedent’s will under the Wrongful Death Act and (2) expenses that she, herself, incurred for medical and funeral expenses of the decedent under the Family Expense Statute. Neither party submitted separate forms of the verdict to the jury. The jury returned a verdict on December 21, 1962 as follows: “We, the jury, find in favor of the plaintiff and against the defendant. We assess the damages in the sum of $19,000.00.” Trogi filed a motion for new trial on January 15, 1963 on the ground that the jury’s verdict was only for the wrongful death claim and did not address the family expense claim. The trial judge set aside the verdict, granted Trogi’s motion for new trial, and denied Trogi’s motion for judgment notwithstanding the verdict. Magnani appealed.
Rule of Law
Issue
Holding and Reasoning (Coryn, J.)
Dissent (Stouder, J.)
What to do next…
Here's why 802,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
