Adams v. Turner

555 N.E.2d 1040, 198 Ill. App. 3d 353, 144 Ill. Dec. 521, 1990 Ill. App. LEXIS 663
CourtAppellate Court of Illinois
DecidedMay 9, 1990
Docket5-89-0447
StatusPublished
Cited by11 cases

This text of 555 N.E.2d 1040 (Adams v. Turner) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Turner, 555 N.E.2d 1040, 198 Ill. App. 3d 353, 144 Ill. Dec. 521, 1990 Ill. App. LEXIS 663 (Ill. Ct. App. 1990).

Opinion

JUSTICE HARRISON

delivered the opinion of the court:

Katherine Poole and Deanna Young, the adult children of decedent, Gilbert Adams, appeal from an order of the circuit court of Williamson County which awarded them each $2,000 as their share of a $500,000 settlement obtained in the wrongful death action brought by the administrator of the decedent’s estate, Patsy Adams. Adams was the decedent’s second wife and the stepmother of Poole and Young. On this appeal, Poole and Young claim that their shares of the wrongful death settlement were disproportionately small because those shares did not accurately reflect the loss of their father’s society which they experienced when their father was killed. They therefore request that their shares of the settlement proceeds be increased from $2,000 each to $36,227.60 each. Patsy Adams cross-appeals, arguing that Poole and Young were not entitled to even the $2,000 they each received. In Adams’ view, Poole and Young should not have been permitted to share in the settlement proceeds at all. For the reasons which follow, we find that the circuit court did not abuse its discretion in distributing the settlement proceeds as it did. We therefore affirm.

The decedent, Gilbert Adams, was killed in a mine accident in 1986. Patsy Adams, his wife, was appointed the administrator of his estate. She filed a wrongful death action against defendants, Ian Turner and N.E.1. Peebles, Ltd., pursuant to the Wrongful Death Act (Ill. Rev. Stat. 1985, ch. 70, par. 1 et seq.) to recover for the loss of “the society of decedent, including companionship, love, affection, care, attention, comfort, guidance, protection and support, which decedent would have provided but for his death.” Following various developments not relevant here, the litigation was settled for $500,000, and the wrongful death action was dismissed.

Patsy Adams, as administrator of Gilbert Adams’ estate, then petitioned the circuit court to “apportion and distribute” the proceeds of the wrongful death settlement. Stipulations were entered into regarding the workers’ compensation lien held by the decedent’s employer, Old Ben Coal Company; an evidentiary hearing was conducted; and legal memoranda were submitted to the court. Based upon the stipulations, evidence, and arguments of counsel, the circuit court held that the approximate present value of Patsy Adams’ right to receive future workers’ compensation benefits, calculated as of August 1, 1989, amounted to $162,276. The court noted that an annuity had been purchased for that amount which will pay Patsy Adams $1,500 a month for 17 years in 204 equal installments. Under the terms of the stipulations between Patsy Adams and Old Ben Coal Company, Old Ben was discharged and released from having to make any future workers’ compensation payments to Adams after August 1,1989.

The court also held: (1) that Old Ben Coal Company had an existing workers' compensation lien as of August 1, 1989, in the amount of $53,787.04; (2) that Old Ben should pay the estate’s attorneys $46,726.37 in attorney fees pursuant to section 5 of the Workers’ Compensation Act (Ill. Rev. Stat. 1985, ch. 48, par. 138.5) and reimburse those attorneys $7,060.67 as its share of the costs of the litigation; and (3) that the estate’s attorneys should receive a fee of $74,950.67 and costs of $8,986.29 payable from the settlement proceeds.

After deductions were made from the settlement proceeds for the cost of the annuity, the payment of the workers’ compensation lien held by the decedent’s employer, and the attorney fees and costs of the estate’s lawyers, $200,000 remained. Of this, the court awarded $196,000 to Patsy Adams. In support of its award, the circuit court found that Adams had sustained “a great loss of society and companionship” and that when decedent had died, Adams had lost her sole means of support. By contrast, the court found that the decedent’s two adult children, Katherine Poole and Deanna Young, had not been financially dependent upon the decedent and that their contacts with their father had been sporadic and limited. Accordingly, it awarded the two children the much more modest sum of $2,000 each.

From this judgment, Katherine Poole and Deanna Young have appealed, and Patsy Adams has cross-appealed. On these appeals, the sole dispute concerns the size of the shares of the settlement proceeds awarded to the daughters. The daughters claim they should have received more. Patsy Adams claims that they should have received nothing.

The division of an award in a wrongful death action is left to the circuit court’s discretion. (In re Estate of Flake (1985), 137 Ill. App. 3d 535, 536, 484 N.E.2d 1243, 1244.) Accordingly, the question before us on review is whether the circuit court abused its discretion in apportioning the wrongful death settlement proceeds as it did. (See 137 Ill. App. 3d at 536, 484 N.E.2d at 1244; In re Estate of Wiese (1989), 178 Ill. App. 3d 938, 942, 533 N.E.2d 1183, 1185.) In determining whether a circuit court has abused its discretion, the issue is not whether the reviewing court agrees with the circuit court, but whether the circuit court acted arbitrarily without the employment of conscientious judgment or, in view of all the circumstances, exceeded the bounds of reason and ignored recognized principles of law so that substantial prejudice resulted. (In re Marriage of Aud (1986), 142 Ill. App. 3d 320, 326, 491 N.E.2d 894, 898.) We do not believe that an abuse of discretion occurred in this case.

The Wrongful Death Act (Ill. Rev. Stat. 1985, ch. 70, par. 2), provides, in part:

“The amount recovered in any [wrongful death] action shall be distributed by the court in which the cause is heard or, in the case of an agreed settlement, by the circuit court, to each of the surviving spouse and next of kin of such deceased person in the proportion, as determined by the court, that the percentage of dependency of each such person upon the deceased person bears to the sum of the percentages of dependency of all such persons upon the deceased person.”

This statute has been interpreted to mean that where, as here, the claimants to the proceeds of a wrongful death settlement consist of the surviving spouse and the decedent’s adult children by a prior marriage, the distribution of those proceeds must be determined on the basis of the proportionate percentages of their dependency on the decedent. (In re Estate of Wiese (1989), 178 Ill. App. 3d 938, 941, 533 N.E.2d 1183, 1185.) In the case before us, there is no dispute that neither of the decedent’s adult daughters was financially dependent upon him. “Dependency,” however, is not limited simply to financial dependency. It also includes loss of society. (178 Ill. App. 3d at 941, 533 N.E.2d at 1185.) Accordingly, an adult child may recover a proportionate share of the proceeds of a wrongful death settlement if she has sustained a loss of society, regardless of whether she was financially dependent upon the deceased parent. 178 Ill. App. 3d at 942, 533 N.E.2d at 1185.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Epstein v. Davis
2017 IL App (1st) 170605 (Appellate Court of Illinois, 2017)
Johnson v. Provena St. Therese Medical Center
778 N.E.2d 298 (Appellate Court of Illinois, 2002)
In re Estate of Glenn
745 N.E.2d 1261 (Appellate Court of Illinois, 2001)
Barry v. Owens-Corning Fiberglas Corp.
668 N.E.2d 8 (Appellate Court of Illinois, 1996)
In Re Estate of Williams
585 N.E.2d 235 (Appellate Court of Illinois, 1992)
In Re Rigdon
133 B.R. 460 (S.D. Illinois, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
555 N.E.2d 1040, 198 Ill. App. 3d 353, 144 Ill. Dec. 521, 1990 Ill. App. LEXIS 663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-turner-illappct-1990.