Jeremiah Bradfield, individually and as representative of the Estate of Eddie James Bradfield v. OSF St. Mary Medical Center, Galesburg Hospital Ambulance Service, Galesburg Fire Department, John Doe EMT #1, John Doe EMT #2, John Doe EMT #3, and John/Jane Does 1-10

Summary

The United States District Court for the Central District of Illinois grants Jeremiah Bradfield leave to proceed in forma pauperis in an action arising from Eddie James Bradfield’s death. The court dismisses the Illinois Survival Act count as not creating an independent cause of action and addresses the requirement that estate and wrongful-death claims be brought by counsel when multiple beneficiaries or next of kin are involved. Plaintiff is ordered to identify whether the decedent died intestate and to identify the relevant beneficiaries and next of kin.

Holdings

1. Plaintiff may proceed in forma pauperis because his sworn affidavit demonstrated that he was unable to pay the costs of the proceeding.
2. The Illinois Survival Act does not create an independent cause of action; it permits a representative of a decedent to maintain statutory or common-law actions that accrued before death.
3. A pro se plaintiff may not represent an estate in court unless he is the estate's only beneficiary.
4. A plaintiff bringing an Illinois Wrongful Death Act claim represents the interests of the surviving spouse and next of kin and therefore cannot proceed pro se when the claim involves interests of persons other than the plaintiff, absent circumstances such as the plaintiff being the sole next of kin.

Questions Presented

1. Whether Plaintiff demonstrated eligibility to proceed in forma pauperis.
2. Whether the Illinois Survival Act creates an independent cause of action.
3. Whether a pro se plaintiff may litigate claims belonging to a decedent's estate when the plaintiff is not the estate's sole beneficiary.
4. Whether a pro se plaintiff may bring an Illinois Wrongful Death Act claim that represents the interests of multiple surviving beneficiaries or next of kin.
5. What information Plaintiff must provide concerning the decedent's will, estate beneficiaries, and next of kin before the action may proceed.

Disposition

other