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Torts Keyed to Duncan
Murphy v. Martin Oil Co.
Citation:308 N.E.2d 583 (Ill. 1974)
Jack Raymond Murphy was injured when a fire started while he was filling his truck with gasoline at a station owned by Martin Oil Co. and operated by James Hocker (defendants). He survived for nine days before dying from his injuries. Murphy’s wife (plaintiff) sued the defendants for negligence, seeking damages for Murphy’s death under Illinois’s wrongful death statute and seeking damages for Murphy’s nine days of pain and suffering, loss of wages, and destruction of his clothes under Illinois’s survival statute. The defendants moved to dismiss the plaintiff’s claim under the survival statute.
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