Magnani v. Trogi,

70 Ill.App.2d 216, 218 N.E.2d 21 (1966)

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Nature of the Case

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Facts

Magnani (P) stated two separate causes of action in her complaint. P sought recovery of $30,000 as administratrix for the wrongful death of her decedent under the Wrongful Death Act and sought reimbursement under the Family Expense Statute to herself for medical and funeral expenses incurred as the result of the injury and death of her husband. The Wrongful Death Act provides that any recovery shall be distributed by the court to the widow and next of kin of the decedent (in this case a minor son and widow) in the proportion determined by the trial court. There were no apportionment provisions under the Family Expense Statute. Neither party to this suit offered separate forms of verdict for each of these counts, and the court submitted a single form of verdict to the jury. Neither party objected. The jury awarded P $19,000. D objected to the verdict and made a motion for a judgment n.o.v. or a new trial. The trial judge granted a new trial for liability and damages; it was impossible to tell how the damages were to be divided between the two different causes of action. The judge also denied D’s motion for judgment n.o.v. P appealed.