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SCHAFFNER v. CHICAGO & N.W. TRANSP. CO.

Nos. 66080, 66090 cons.

129 Ill.2d 1 (1989)

541 N.E.2d 643

JEAN SCHAFFNER, as Guardian of the Estate and Person of Daniel Schaffner, Appellee and Cross-Appellant, v. CHICAGO & NORTH WESTERN TRANSPORTATION COMPANY et al., Cross-Appellees (Chicago & North Western Transportation Company, Appellant).

Supreme Court of Illinois.

Opinion filed June 19, 1989.

Attorney(s) appearing for the Case

Lawrence X. Pusateri, Larry R. Eaton and Mary F. Andreoni, of Peterson, Ross, Schloerb & Seidel, and James P. Daley, George H. Brant and Myles L. Tobin, all of Chicago, for appellant and cross-appellee.

Corboy & Demetrio, P.C., of Chicago (Philip H. Corboy, Bruce Robert Pfaff and David A. Novoselsky, of counsel), for appellee and cross-appellant.

Baker & McKenzie, of Chicago (Francis D. Morrissey, Michael K. Murtaugh, Marie A. Monahan and John A. Krivicich, of counsel), for appellee Schwinn Bicycle Company.

Kenneth L. Novander, of Chicago, for amici curiae Atchison, Topeka & Santa Fe Railroad Company et al.

Kathryn A. Bettasso, of Chicago, for amicus curiae Illinois Trial Lawyers Association.

Judgment affirmed.

JUSTICE MILLER delivered the opinion of the court:

Daniel Schaffner was severely injured when the wheel disengaged from the front fork of his bicycle while he was riding over a railroad crossing in Highland Park. Daniel was later declared a disabled person as a result of the injuries he sustained in the accident, and his parents, Jean and Perry Schaffner, were appointed co-guardians of his estate. The Schaffners brought the present action...

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