Williams v. Manchester

              SIXTH DIVISION
March 16, 2007
No. 1-05-2126
MICHELLE WILLIAMS, Individually and as ) Appeal from the
Special Administrator of the Estate of BABY DOE, ) Circuit Court of
Deceased, ) Cook County.
)
Plaintiff-Appellant, ))
v. ) No. 03 L 000863
)
JOHN C. MANCHESTER, ) Honorable
) Jennifer Duncan-Brice,
Defendant-Appellee. ) Judge Presiding.
JUSTICE JOSEPH GORDON delivered the opinion of the court:
This is an appeal pursuant to Supreme Court Rule 304(a) (155 Ill. 2d R. 304(a)) by
plaintiff, Michelle Williams, individually, and as special administrator of the estate of Baby Doe,
from the grant of summary judgment, on certain counts of her complaint for her own and Baby
Doe's personal injuries, to defendant, John C. Manchester. Specifically, Williams contends that
the circuit court erred when it granted summary judgment to Manchester on her claim under the
Wrongful Death Act (740 ILCS 180/1 (West 2002)) for Baby Doe's death which came about after
she terminated her pregnancy as a result, she contends, of injuries Manchester caused. Williams
further contends that the court erred in granting summary judgment to Manchester on her claim
for Baby Doe under the Survival Act (755 ILCS 5/27-6 (West 2002)). For the following reasons,
we reverse the grant of summary judgment to Manchester on the wrongful death count, but
affirm the grant of summary judgment on the survival count.