eBook details
- Title: Nudd v. Matsoukas
- Author : Supreme Court of Illinois
- Release Date : January 19, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This case comes here on a petition for leave to appeal from a decision of the Appellate Court for the First District, 6 Ill.
App.2d 504, which affirmed the action of the superior Court of Cook County in dismissing, on motion of defendants, two wrongful
death actions brought by Hubert Nudd, as administrator, and a suit brought by a minor against his father for wilful and wanton
misconduct. The facts as set out in the pleadings are that William Matsoukas, Sr., one of the defendants, on October 26, 1952, was driving
a vehicle on a public highway. With him in the automobile were Elizabeth Matsoukas, his wife, Mary Mead Nudd, his sister-in-law,
and his two children, Spiros Matsoukas and William Matsoukas, Jr., both minors under the age of seven. It was alleged in the
complaint that he "wilfully, recklessly and wantonly" drove his vehicle at an excessive rate of speed on a foggy night, when
traveling was difficult because of the wet pavement; that he went through a stop light; that the automobile driven by him
collided with one driven by David Thill, likewise defendant herein, and as a result of this collision Elizabeth and Spiros
Matsoukas and Mary Mead Nudd were killed, and the other minor, William Matsoukas, Jr., was severely injured, sustaining a
skull fracture. Hubert Nudd was appointed as administrator of the estates of the three deceased persons and he filed suit
under the wrongful death statute. In a separate count of the complaint, William Matsoukas, Jr., the surviving minor, through
Hubert Nudd, as next friend, proceeded against William Matsoukas, Sr., and David Thill, alleging negligence on the part of
Thill and wilful and wanton misconduct on the part of Matsoukas, as in the other counts of the complaint.