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

No. 66326.

127 Ill.2d 350 (1989)

537 N.E.2d 738

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

Supreme Court of Illinois.

Opinion filed March 29, 1989.

Attorney(s) appearing for the Case

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

Phebus, Tummelson, Bryan & Knox (Joseph W. Phebus, of counsel), and Johnson, Frank, Frederick & Walsh, all of Urbana, for appellees.

Cassidy & Mueller, of Peoria (David B. Mueller and John E. Cassidy III, of counsel), for amicus curiae Illinois Association of Defense Trial Counsel.

Appellate court affirmed in part and reversed in part; circuit court affirmed.

JUSTICE STAMOS delivered the opinion of the court:

On October 29, 1983, at approximately 9:30 p.m., Lyle E. Dunn, operating a motorcycle, collided with the side of a railroad car stopped at a crossing and was killed. His parents, Arley Dunn and Nada Lou Dunn (plaintiffs), filed an eight-count third amended complaint against defendant Baltimore & Ohio Railroad Company, alleging...

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