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PORTER v. KLEIN CONSTRUCTION CO.

No. 84-0448.

162 Ill. App.3d 1 (1987)

515 N.E.2d 821

EVELYN JEAN PORTER, Indiv. and as Personal Representative and Adm'r of the Estate of Nathaniel Porter, Deceased, et al., Plaintiffs-Appellees, v. KLEIN CONSTRUCTION COMPANY et al., Defendants-Appellees (Cardon Concrete Company, Third-Party Defendant-Appellee; Annie Porter, Petitioner-Appellant).

Appellate Court of Illinois — First District (5th Division).

Opinion filed September 30, 1987.

Attorney(s) appearing for the Case

Malato & Stein, P.C., of Chicago (Robert S. Minetz, Sarah S. Hirsen, and David J. Santori, of counsel), for appellant.

Joseph A. Rosin & Associates, Ltd., of Chicago (Joseph A. Rosin, of counsel), for appellees.

Order affirmed.

JUSTICE LORENZ delivered the opinion of the court:

This appeal arises from an order striking Annie Porter's petition to vacate a settlement. In her appeal she urges the following: (1) as the mother of the deceased, she is a next of kin of deceased within the meaning of the Wrongful Death Act (Act) (Ill. Rev. Stat. 1985, ch. 70, par. 2) even though her son was also survived by a wife and child; (2) to hold that she is not the next of kin of...

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