JANUS v. TARASEWICZ 135 Ill. App.3d 936, 482 N.E.2d 418 (1985) CASE BRIEF

JANUS V. TARASEWICZ

135 Ill. App.3d 936, 482 N.E.2d 418 (1985)

NATURE OF THE CASE: This appeal arose from a declaratory judgment action over the survival of a spouse. Janus (P), mother, filed an action against Taraswicz (Ds), father, insurer, and administrator, claiming entitlement to the proceeds of her son's life insurance policy. After a judgment in favor of the father. The mother and the administrator appealed.

FACTS: Stanley and Theresa Janus were recently married. They unknowingly ingested Tylenol capsules laced with cyanide from the very same bottle that had killed Stanley's brother earlier in the day. Stanley collapsed immediately and within minutes Theresa experienced seizures. They were immediately taken to the hospital where Stanley who had no blood pressure, pulse, or signs of respiration was pronounced dead on September 29, 1982. Hospital personnel were able to get Theresa's heart beating again and were able to detect some blood pressure. She was placed in the intensive care ward. On September 30, 1982, various tests were conducted and as a result Theresa was pronounced dead on October 1, 1982. The proceeds of Stanley's life insurance policy were paid to the administrator of Theresa's estate because she survived Stanley according to the medical records. Theresa's father, Jan Tarasewicz (D) then received the life insurance proceeds as Theresa's heir. Alojza Janus (P), Stanley's mother and the contingent beneficiary on the life insurance policy, sued D for the proceeds. The court concluded that Theresa survived Stanley. P appealed; there was not sufficient evidence to prove that both victims did not suffer brain death prior to their arrival at the hospital.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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