Ill. Pattern Jury Instr. (Civil) 31.09

The plaintiff [administrator's or executor's name] brings this action in a representative

capacity by reason of his being [administrator] [executor] of the estate of [deceased's name],

deceased. The plaintiff [administrator's or executor's name] represents [names of widow and/or

next of kin], the [widow] [and] [next of kin] of the deceased [, and the estate of the deceased].

They are the real parties in interest in this lawsuit, and in that sense are the real plaintiffs whose

damages you are to determine if you decide for the [administrator] [executor] of the estate of

[deceased's name].

Ins

truction revised June 2021.

No

tes on Use

This instruction should be given in cases based on the Wrongful Death Act (740 ILCS

180/1 (1994)) and the Survival Statute (755 ILCS 5/27- 6 (1994)), and should be accompanied by

the appropriate charges enumerated in IPI 31.01 through 31.10.

If t

here is a survival action, the bracketed phrase “[and the estate of the deceased]” may

be used after naming the widow and next of kin.

Co

mment

The Wrongful Death Act provides that “every such action shall be brought by and in the

names of the personal representatives of” the deceased. 740 ILCS 180/1 (1994). This instruction

properly informs the jury of the role the nominal plaintiff has assumed and that the administrator

is merely representing the interests of the next of kin.

In t

he usual case, the widow and next of kin would be the only parties in interest, and there

would be no need to mention the estate of the deceased. Under some circumstances, however, it

may well be necessary to maintain a clear distinction between the wrongful death count and the

survival count throughout the trial, even to the point of separate verdict forms. As is clearly

pointed out in the dissent to Nat’l Bank of Bloomington v. Norfolk & W. Ry. Co., 73 Ill.2d 160, 383

N.E.2d 919, 23 Ill.Dec. 48 (1978), the estate may include persons other than the widow and next

of kin; or even if only the widow and next of kin are included, they may well take the money in

significantly different proportions under each count.