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Little Blue Goose Motor Coach Co. v. L

Illinois Appellate Court · 1931 · Civil Procedure

Civil ProcedureRes JudicataWrongful Deathwrongful deathpreclusionprior judgmentissue determinationjustice of the peace

Facts

A collision occurred between Dr. Little's automobile and the bus company's bus. Before Dr. Little sued for personal injuries, the bus company had already sued him before a justice of the peace and recovered a judgment for damage to its bus arising from the same collision; Dr. Little's appeal from that judgment was later dismissed for want of prosecution. After Dr. Little died, his widow as executrix pursued a wrongful-death claim under the Injuries Act. At trial, the bus company introduced the justice's docket, related files, and testimony showing that the prior action concerned damage to the bus caused by Dr. Little's negligence in the same collision.

Issue

Whether the executrix could maintain a statutory action for Dr. Little's death when the bus company had previously recovered a judgment against Dr. Little for damage to its bus from the same collision, and that judgment necessarily determined that Dr. Little's negligence caused the collision.

Rule

A statutory action for death depends on the decedent having had, immediately before death, a right to maintain an action for the wrongful injury. Therefore, where a prior final judgment on the merits arising out of the same occurrence necessarily determined that the decedent's negligence caused the collision, the decedent could not have maintained a personal-injury action immediately before death, and the wrongful-death action is barred. If the prior record does not fully show the controversy and matters investigated, parol evidence may be admitted to supply what is not shown.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Peoria, Illinois, Nolan Pierce was injured in a collision with a delivery van owned by Prairie Lantern Couriers. Before Nolan died from his injuries, Prairie Lantern had already obtained a final small-claims judgment against him for repair costs to its van from the same collision, and the judgment could only have been entered if Nolan's negligence caused the crash.

If Nolan's administrator later brings a statutory wrongful-death action against Prairie Lantern based on the same collision, what is the strongest argument for Prairie Lantern?

Explanation. The majority held that the statutory death action depends on the decedent having had a right, immediately before death, to maintain an action for the wrongful injury. When a prior final judgment arising from the same occurrence necessarily determined that the decedent's negligence caused the collision, the decedent could not have maintained his own action, so the wrongful-death action is barred.