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DUNN v. BALTIMORE & OHIO R.R. CO.

No. 4-86-0740.

162 Ill. App.3d 97 (1987)

515 N.E.2d 1027

ARLEY DUNN et al., as Co-Adm'rs of the Estate of Lyle E. Dunn, Deceased, Plaintiffs-Appellants, v. THE BALTIMORE & OHIO RAILROAD COMPANY, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Modified on denial of rehearing November 19, 1987.

Attorney(s) appearing for the Case

Phebus, Tummelson, Bryan & Knox and Johnson, Frank, Frederick & Walsh, both of Urbana (Joseph R. Phebus, of counsel), for appellants.

James C. Kearns and John D. Flodstrom, both of Heyl, Royster, Voelker & Allen, of Urbana, for appellee.

Affirmed in part, and reversed in part and remanded.

PRESIDING JUSTICE SPITZ delivered the opinion of the court:

Plaintiffs Arley Dunn and Nada Lou Dunn (the Dunns) appeal the dismissal with prejudice of their third-amended complaint seeking damages on the basis of alleged negligence and wilful and wanton misconduct on the part of the defendant Baltimore & Ohio Railroad Company (B&O), which they assert caused the death of their son, Lyle E. Dunn (decedent...

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