(DOWNLOAD) "Ingersoll v. Klein" by Supreme Court of Illinois ~ Book PDF Kindle ePub Free
eBook details
- Title: Ingersoll v. Klein
- Author : Supreme Court of Illinois
- Release Date : January 24, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
On January 12, 1963, Wayne Ingersoll, a resident of Illinois, drowned after the car in which he was riding broke through the
ice on the Mississippi River allegedly within the territorial jurisdiction of the State of Iowa. Marie Ingersoll, as administratrix
of the estate of Wayne Ingersoll, filed a complaint in the circuit court of Carroll County alleging the right to recover damages
from Walter Klein, the driver of the automobile, and William Klein, his father. Counts I and II of the complaint alleged that
Walter Klein, while under the influence of liquor, recklessly operated an automobile in violation of chapter 321.494 of the
Iowa Code. Counts III and IV alleged that under chapter 321.493 of the Iowa Code, William Klein is liable for damages as owner
of the automobile. Defendants filed an answer denying that the Iowa law was applicable to the case. Two years later plaintiff
filed motion to strike the answer which was allowed, and defendants were given 28 days to file an amended answer. Several
days later, without notice, the order was modified through motion of defendants to allow defendants to answer or plead. Defendants
filed a request for admission of facts and plaintiff admitted the following: (1) that the plaintiff and all that may benefit
from the law suit reside in Illinois; (2) that the deceased, Wayne Ingersoll, met his death by drowning in the Mississippi
River; and (3) that the deceased, Wayne Ingersoll, at the time of his death and immediately prior thereto, was a resident
of Illinois. After defendants moved to strike and dismiss the complaint on the ground that Illinois law was applicable, an
order dismissing the complaint was entered. Plaintiff substituted the personal representative of the defendant, William Klein,
as a defendant in the suit, and elected to stand on her complaint as amended. The Appellate Court for the Second District
affirmed the dismissal (106 Ill. App.2d 330), and we granted leave to appeal. Plaintiff contends that the dismissal was a
result of procedural error as well as error in determining which law was applicable. Plaintiff argues that the defendants were compelled to file an amended answer because the answer originally filed constituted
an irrevocable waiver of their right to challenge the sufficiency of the complaint. We do not find this argument meritorious.
The Civil Practice Act expresses a clear intention to have pleadings and amendments liberally construed for the purpose of
doing substantial justice between the parties and determining cases according to the substantive rights of the parties, consistent
with fair and orderly procedures. (See Ill. Rev. Stat. 1967, ch. 110, par. 4, 33 and 46.) We believe that the trial court
acted within its discretion when, after the answer was stricken for technical deficiencies on motion of plaintiff, defendants
were allowed to plead by way of motion to dismiss. We agree with the appellate court in its strong disapproval of an ex parte
motion under these circumstances, but cannot find in what manner plaintiff's rights were prejudiced because the trial court
allowed the motion to be filed.
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