In an appeal arising out of a wrongful death and survival claim, the appellate court considered whether the trial court erred in its allocation of settlement funds. The trial court allocated 100 percent of the settlement proceeds to the wrongful death claim and then awarded the administrator of the estate who was the mother of the deceased individual, the majority of the dependency, with the decedent’s father and siblings receiving the remainder of the settlement funds. On appeal, the father argued that the trial court followed an improper procedure during its hearing on the matter, that the trial court should have appointed a Guardian ad Litem to represent the minor children’s interests, and that the court substantively erred in its allocation and dependency findings. The appellate court reversed and remanded for a new, full hearing, finding that the procedure employed by the trial court constituted an abuse of discretion. (HYMAN and GAMRATH, concurring)
Illinois Appellate Court
Civil Court
Wrongful Death Settlement