Plaintiff, as independent executor of the estate of a deceased individual and acting on behalf of the decedent’s minor children, filed a wrongful death suit against defendant, alleging that defendant was negligent in its investigation of allegations of domestic abuse that it conducted on behalf of DCFS and that its negligence caused the decedent’s death. The trial court dismissed the complaint for lack of subject matter jurisdiction, finding that jurisdiction belonged solely to the Court of Claims. The appellate court reversed and remanded, finding that there was a question of fact as to the existence and scope of the agency relationship between the defendant and DCFS and that the parties should be allowed to proceed with discovery. (PUCINSKI and COBBS, concurring)
Illinois Appellate Court
Civil Court
Jurisdiction