Illinois Family Files Wrongful
Death Suit against Maker of Chain Hoist
The
parents of an Illinois man who allegedly died as a result of the failure of a
chain hoist are suing the chain’s manufacturer in a wrongful
death lawsuit, The
Madison-St. Clair Record reports.
The
Lawsuit
On May
22, 2014, Timothy Sagez filed suit against Columbus McKinnon Corporation in the
Madison County Circuit Court. In his lawsuit, he alleges that his son, Jason
Sagez, was using a chain hoist manufactured by Columbus McKinnon Corporation as
he attempted to remove a propeller from a ship at National Maintenance and
Repair’s floating dock in Hartford, Illinois.
While
Jason Sagez was working on the ship, the chain hoist malfunctioned. As a
result, the propeller hit him and caused his death, the lawsuit states.
The
complaint states that Timothy and Renee Sagez lost their son’s society,
services and support as a result of his death, and they blame his death on
Columbus McKinnon Corporation.
They
claim that Columbus McKinnon Corporation carelessly designed the chain hoist,
negligently manufactured the link and failed to warn of the chain’s defective
condition.
They
also claim that their son sustained severe injuries and experienced pain and
suffering prior to his death. Further, they claim that they incurred medical
costs and costs related to their son’s funeral and burial.
They
seek damages of more than $100,000 under the Illinois Survival Act and the
Illinois Wrongful Death Act.
The
Illinois Survival Act
The
Illinois Survival Act, which has been codified as part of the Illinois Probate
Act of 1975, is
not a cause of action in and of itself. It does, however, rectify a former
issue related to personal injury claims by allowing a decedent’s representative
to maintain any common law or statutory actions that had already accrued to the
decedent prior to the decedent’s death.
In
other words, an action brought under the Illinois Survival Act is based on
injury to the decedent but is brought by the decedent’s representative. The act
specifically names actions to recover
damages for an injury to the person as a type of action that can be brought by
the decedent’s representative.
The
Illinois Wrongful Death Act
The Illinois Wrongful Death
Act defines a
wrongful death as a death that is caused by wrongful act, neglect or default.
In other words, a wrongful death occurs when one party’s negligent or wrongful
act causes the death of another party.
- A wrongful death claim must be filed by the personal representative of the decedent’s estate. If the decedent died without appointing a personal representative, the court may appoint one.
- A wrongful death claim is a civil lawsuit. That means, among other things, that liability is expressed in terms of monetary damages rather than jail time, prison time, probation, etc. A wrongful death civil lawsuit can be filed even if the government is pursuing a criminal case.
- The statute of limitations for a wrongful death claim in Illinois is two years. That means the case must be filed within two years of the date of death in most cases; otherwise, the court could refuse to hear the case. Certain factors may change the date on which the statute of limitations begins to run, however.
- Damages in a wrongful death case in Illinois are paid to the decedent’s estate. The estate then distributes the damages to the decedent’s next of kin. Damages may cover expenses such as the following:
- the decedent’s final medical bills;
- expenses related to the funeral and burial;
- lost wages and income;
- damages for pain and suffering the decedent experienced prior to his or her death;
- expenses related to damaged property;
- lost value of certain services provided by the decedent; and
- loss of care, companionship and/or other intangible benefits by the decedent’s family.
If you live in Arlington Heights or
elsewhere in Illinois and have questions about a wrongful death claim, contact
an experienced Illinois wrongful death attorney at Allegretti & Associates today.
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