ESWORTHY v. NORFOLK & WESTERN RY. CO.

No. 4-87-0271.

166 Ill. App.3d 876 (1988)

520 N.E.2d 1044

LORETTA ESWORTHY, Indiv. and as Special Adm'r of the Estate of Monte Ferguson, Deceased, Plaintiff, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant and Third-Party Plaintiff-Appellant (Paul McDaniels et al., Third-Party Defendants-Appellees).

Appellate Court of Illinois — Fourth District.

Opinion filed February 25, 1988.


Attorney(s) appearing for the Case

Brian L. McPheters, of Hatch, Blockman, McPheters, Fehrenbacher & Lyke, of Champaign, for appellant.

Thomas M. Barger III, of Livingston, Barger, Brandt & Schroeder, of Bloomington, for appellee Pauletta Sanders.

Brett Kepley, of Reno, O'Byrne & Kepley, P.C., of Champaign, for appellees Paul McDaniels and Vivian McDaniels.

Jay S. Judge, Sarah Hansen Sotos, and Janella L. Barbrow, all of Judge & Knight, Ltd., of Park Ridge, for appellee City of Homer.


Judgment affirmed.

JUSTICE KNECHT delivered the opinion of the court:

Plaintiff Loretta Esworthy filed a complaint in the circuit court of Champaign County against defendant Norfolk and Western Railway Company in her capacity as special administrator of the estate of her son who was killed in an auto-train collision when he drove his automobile over a train crossing of the defendant. Defendant then filed a third-party complaint for contribution against four...

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