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LOUGH v. BNSF RY. CO.

No. 3-12-0305.

988 N.E.2d 1090 (2013)

2013 IL App (3d) 120305

370 Ill. Dec. 734

Charles LOUGH, Independent Executor of the Estate of Kenneth Lough, Deceased, Plaintiff-Appellant, v. BNSF RAILWAY COMPANY and Leo J. Joerger, Defendants-Appellees.

Appellate Court of Illinois, Third District.

May 3, 2013.

Attorney(s) appearing for the Case

James R. Angel (argued), May, May, Angel & Harris, Princeton, for appellant.

Craig L. Unrath , Stephen J. Heine , Patrick P. Poston , Heyl, Royster, Voelker & Allen, Peoria, Tamara K. Hackmann (argued), Heyl, Royster, Voelker & Allen, Urbana, for appellees.

OPINION

Justice SCHMIDT delivered the judgment of the court, with opinion.

¶ 1 Defendant Leo Joerger drove a vehicle during the course of his employment with defendant BNSF Railway Company which collided with a vehicle driven by Kenneth Lough. Kenneth died 22 months after the accident. This appeal involves the dismissal of two wrongful death counts brought by plaintiff, Charles Lough, as the independent executor of the estate of Kenneth Lough, against...

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