Magnani v. Trogi

218 N.E.2d 21 (1966)

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Magnani v. Trogi

Appellate Court of Illinois, Second District
218 N.E.2d 21 (1966)

SC

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.)

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