Lowrey v. Malkowski

2 Citing cases

  1. Martin v. American Legion Post #784

    383 N.E.2d 672 (Ill. App. Ct. 1978)   Cited 17 times
    In Martin v. American Legion Post No. 784 (1978), 66 Ill. App.3d 116, 383 N.E.2d 672, this court rejected a similar contention.

    • 2 It is a well-settled rule of law that under the Dramshop Act "means of support" has been construed as requiring that the person injured did in fact render support and that no damage award can be based on a future potentiality of support not presently provable. ( Shiflett v. Madison, 105 Ill. App.2d 382, 245 N.E.2d 567; Robertson v. White, 11 Ill. App.2d 177, 136 N.E.2d 550; Lowrey v. Malkowski, 23 Ill. App.2d 371, 163 N.E.2d 528, aff'd, 20 Ill.2d 280, 170 N.E.2d 147, cert. denied, 365 U.S. 879, 6 L.Ed.2d 191, 81 S.Ct. 1029.) Thus, in Robertson v. White, the court affirmed the dismissal of an action for loss of "means of support" brought by the parent of a deceased four-year-old boy who had not been contributing to her support at the time of his death.

  2. Sapp v. Johnston

    303 N.E.2d 429 (Ill. App. Ct. 1973)   Cited 13 times
    In Sapp v. Johnston (1975), 15 Ill. App.3d 119, 124, 303 N.E.2d 429, the appellate court similarly found that where a child is capable of supporting himself, the parent's legal duty to support him ceases when he reaches the age of majority; thus the liability of a parent for the medical services furnished to a child does not extend to an adult child capable of earning his own living at the time of reaching majority.

    Bowman v. County of Lake, 29 Ill.2d 268, 281. • 7 The proposed amendment also mentions injury to the father's means of support, but this would require that support had previously been provided by the son ( Shiflett v. Madison, 105 Ill. App.2d 382, 387; Lowrey v. Malkowski, 23 Ill. App.2d 371, 375; Robertson v. White 11 Ill. App.2d 177; see Annot., 4 A.L.R.3d 1332), and the point was not urged on this appeal. Accordingly we will not disturb the trial judge's ruling on the motion for leave to amend.