Murphy v. Martin Oil Company

Supreme Court of Illinois · 1974 · Torts

308 N.E.2d 583 (1974)

Updated July 23, 2026

TortsWrongful deathSurvival of actionsDamagesWrongful Death ActSurvival Actabatementconscious pain and suffering

Facts

The complaint alleged that defendants owned and operated a gasoline station and that Jack Raymond Murphy was injured in a fire on defendants' premises while his truck was being filled with gasoline. The complaint alleged the injuries resulted from defendants' negligence and that Murphy died nine days later from those injuries. Count I sought wrongful death damages, and count II sought damages for the decedent's conscious pain and suffering, wages lost during the nine-day interval before death, and destruction of clothing worn at the time of injury. The legal dispute concerned whether those pre-death damages could be recovered when the same injuries caused death.

Issue

When a tortious injury causes the injured person's death, may the plaintiff maintain, in addition to a wrongful death action, a survival action to recover damages sustained by the decedent between injury and death, including lost wages, property damage, and conscious pain and suffering? More specifically, is the Wrongful Death Act the exclusive remedy in such a case?

Rule

The Wrongful Death Act is not the exclusive remedy when tortious injuries cause death. In addition to a wrongful death action, a survival action may be maintained for the decedent's personal injury damages accruing before death, including conscious pain and suffering, loss of earnings during the interval between injury and death, and property damage.

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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 struck by a delivery van owned by Red Willow Supply, a fictional wholesaler. He remained alive for six days, during which he was conscious, missed work, and incurred damage to his eyeglasses before dying from the injuries.

If Nolan's administrator files one count for wrongful death and a second count seeking Nolan's pre-death pain and suffering, lost earnings during the six days, and property damage to the eyeglasses, which is the best result?

Explanation. The majority held that when tortious injury causes death, the wrongful death action is not the exclusive remedy. A separate survival action may also be maintained for damages the decedent sustained between injury and death, including conscious pain and suffering, lost wages during that interval, and property damage. The two actions compensate different losses rather than duplicating the same recovery.