Michael B. Myers, executor of the estate of Mary Prillmayer, filed a two-count complaint against Heritage Enterprises, Inc., a nursing home, alleging that before her death Ms. Prillmayer suffered leg fractures because a nursing home employee carelessly moved her from a wheelchair to her bed. Heritage moved for dismissal of count II, charging statutory violation of the Nursing Home Care Act, which makes nursing home operators liable for damages to residents whose rights under the Act are violated. Heritage argued that the Act lacks any provision for survivability of a cause of action and that the state's Survival Act must make specific reference to the Nursing Home Care Act for a cause of action to survive. The circuit court granted the motion, and Mr. Myers appealed.
The Appellate Court of Illinois, Fourth District, reverses, holding that Mr. Myers may bring a cause of action under the Nursing Home Care Act for injuries incurred prior to Ms. Prillmayer's death pursuant to the Survival Act. The court concludes that 'while the Nursing Home Care Act may not provide for the survival of plaintiff''s cause of action upon decedent''s death, '[i]t is well established that the Illinois survival statute allows a decedent''s representative to maintain those common law or statutory actions which had already accrued to the decedent prior to his death.'' (quoting Wasleff v. Dever, 194 Ill. App.3d 147, 152, 550 N.E.2d 1132, 1135 (1990)).
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