Published on:

Vincent v. Alden- Park Strathmoor, Inc. (399 Ill.App.3d 1102)

Vincent v. Alden- Park StrathmoorArticles: Illinois

Vincent v. Alden- Park Strathmoor, Inc. (399 Ill.App.3d 1102)

Vincent v. Alden- Park Strathmoor, Inc. (399 Ill.App.3d 1102)
Plaintiff (Appellee) – Vincent, Legal Representative for the Estate of Marjorie Vincent (deceased)
Defendant (Appellant) – Alden- Park Strathmoor, Inc.
Appellate Court of Illinois (2010)

Plaintiff estate filed suit against Alden- Park Strathmoor, seeking damages for personal injuries that the deceased resident sustained prior to her death and while in the home’s care. The claim asserted that the home’s willful and wonton conduct violated the Nursing Home Care Act, rendering home liable for actual damages, costs, and attorney’s fees, with a reservation of rights to seek punitive damages. Alden- Park Strathmoor filed a motion to strike plaintiff’s reservation of right to request punitive damages. The trial court granted Alden- Park Strathmoor’s motion. Plaintiff appealed.


Plaintiff, on behalf of the estate of Marjorie Vincent, brought a three- count action against the defendant, suing for personal injuries that Marjorie sustained prior to her death and while in the care of Alden- Park Strathmoor.

Count 1 alleged that defendant’s negligent actions violated the Nursing Home Care Act, and plaintiff sought $50,000 in compensatory damages, plus attorney’s fees. Count 2 alleged that defendant’s actions violated the Wrongful Death Act and plaintiff sought $50,000 in compensatory damages. In Count 3 the plaintiff alleged under the “Nursing Home Care Act- Survival Act- Willful and Wonton,” that defendant’s actions rendered them liable for actual damages, costs, and attorney’s fees, as well as preserved the right for plaintiff to seek punitive damages for defendant’s willful and wanton conduct.


The trial court granted the defendant’s motion to strike, finding that punitive damages did not survive the resident’s death.


Are common- law punitive damages available in an action brought by the personal representative of the estate of a deceased nursing home resident based on the Survival Act for willful and wanton violations of the Nursing Home Care Act which caused injury and ultimately caused her death?


“The Survival Act does not create a statutory cause of action, rather, it permits an estate representative to maintain those statutory or common- law actions that had already accrued to the decedent before his or her death and that would otherwise have abated under the common law at the time of death.”

  • National Bank v. Norfolk & Western Ry. Co., 73 Ill.2d 160,172

Client Reviews

  • Having worked in the medical field, I appreciated the way that Mr. Rosenfeld and his staff approached my family’s situation. The combination of medical knowledge and legal expertise was indeed the winning combination for our case.
  • While nothing can change the way our mother was treated at a nursing facility, I do feel a sense of vindication that the facility was forced to pay for their treatment. I am certain that they would never have done had my attorneys not held their feet to the fire.
  • I was very nervous about initiating a claim against my mother’s nursing facility, but Rosenfeld Injury Lawyers took care of everything from getting the medical records to going to court. I felt like I had real advocates on my side. That meant a lot to me.
  • After a horrific episode at a nursing home, my sister and I spoke to a number of law firms. No one took the time to answer our questions and explain the legal process like Mr. Rosenfeld. He did a tremendous job on our case and I can see why he’s earned the praise he has from clients and peers.
  • I liked the fact that I could call the office and ask questions about the legal process at anytime. I could tell that my case was in good hands. I think that this was reflected in my father’s settlement was more than I anticipated the case ever being worth.