Janus v. Tarasewicz

Janus v. Tarasewicz, 135 Ill. App. 3d 936, 482 N.E.2d 418, 422, 90 Ill. Dec. 599 (1985) involved a case in which survivorship between spouses was at issue. 482 N.E.2d at 419. In Janus, the spouses unwittingly consumed Tylenol capsules laced with cyanide. Id. They were placed on life support but both eventually died. Id. The court noted that Illinois had adopted the two alternatives for establishing death (brain death or cardiopulmonary death). The court reiterated that the common law standard is the irreversible cessation of circulatory and respiratory functions. 482 N.E.2d at 421. The court in Janus explained that "where the question of survivorship is determined by lay witnesses, the burden of sufficient evidence may be met by evidence of a positive sign of life in one body and the absence of such sign in the other." Id. at 422.