This section contains the nature of the case and procedural background.

Matyas was a 12-year-old boy who left a bus operated by D. Matyas left by the rear door and at the wrong stop. When he attempted to reenter, his foot got caught, and he fell under the wheels and was killed as the bus moved forward. His father, P, as administrator of the estate, sued P. The jury found D guilty of willful and wanton conduct and awarded P $75,000 in pecuniary damages and $50,000 in punitive damages. The appeals court overturned the award for punitive damages. P appealed under the Survival Act and under the premise that wrongful death actions at common law could include elements of punitive damages.

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