Appellate Court of Illinois
LaSalle National Bank v. Willis, 1063564, 1063616, 1063619cons.
In three consolidated cases arising from damages sustained to a house when the neighboring property was improperly excavated, order barring and dismissing with prejudice claims for punitive damages against defendant is affirmed where there is no basis upon to hold that punitive damages would survive plaintiff's death. With regard to two certified questions: 1) Defendant may not seek punitive damages when he did not obtain leave of the court in compliance with section 2-604.1 of the Code of Civil Procedure; and 2) The proper measure of property damages to a structure that no longer exists is that provided in Illinois Pattern Jury Instructions Civil (2005) No. 30.17.
Appellate Information
- Decided 12/14/2007
- Published 12/18/2007
Judges
Court
- Appellate Court of Illinois