The court held that the Administratrix
may pursue recovery under a negligence per se theory and the TAPA for her claims based upon ordinary negligence.
COURT'S OPINION: The Appellate Court of Illinois reversed the judgment of the trial court, which entered JNOV for the defendants, and ordered that the trial court enter judgment for the Administratrix
on the original .
The lawsuit was filed by Gladys Frankson, individually and as administratrix
of the estate of her deceased husband, Harry Frankson, for injuries sustained by Mr.
of a pretrial detainee's estate brought a [section] 1983 action against police officers and correctional officers alleging excessive force and deprivation of medical care.
Instruments dated August 26, 1996, September 18, 2003, and April 13, 2006 were on the 6th day of December, 2011, admitted to probate as the Last Will and Testament, First Codicil to Last Will and Testament, and Second Codicil to Last Will and Testament, respectively, of the above named decedent, and the undersigned has been appointed Administratrix
with Will Annexed thereunder.
Almost two years later, on September 7, 2008, the administratrix
of the decedent's estate and the decedent's mother brought suit against Dr.
Olean Maclane died on February 3, 2007, allegedly as a result of the negligent care provided by Delmar and its nurses Mabel Joyner, as Administratrix
of the deceased patient's estate, brought suit against Delmar and a Nurse and/or Nurses employed by Delmar alleging that their negligence resulted in the patient's death.
Deborah Dent, as the administratrix
of their estates, was substituted as the plaintiff in the case.
of her estate filed suit for medical malpractice and wrongful death against Dr.
The wife of a deceased prisoner, individually and as administratrix
of the prisoner's estate, brought an action under [section] 1983 against a prison physician and a medical director, alleging that the defendants were deliberately indifferent to the prisoner's serious medical needs in violation of his Eighth Amendment rights, and seeking loss of consortium as a result of the prisoner's death.
CASE FACTS: Jacquelyn Kreinheder, as mother an administratrix
of the estate of Leah Jones-Kreinheder, brought suit for medical malpractice against Drs.
Darlene Hester, Administratrix
of the decedent's estate, filed suit against the nursing home, H.