TREVINO v. UNION PACIFIC R. CO.

No. 89-3402.

916 F.2d 1230 (1990)

Ricardo TREVINO, Plaintiff-Appellant, v. UNION PACIFIC RAILROAD COMPANY and Missouri Pacific Railroad Company, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 22, 1990.


Attorney(s) appearing for the Case

Saul I. Ruman, David M. Hamacher, William H. Tobin, Alan Faulkner, Ruman, Clements & Tobin, Hammond, Ind., for plaintiff-appellant.

Robert L. Landess, Raymond H. Groble, III, Daniel P. Hogan, Ross & Hardies, Chicago, Ill., Jack Friedlander, Calumet City, Ill., for defendants-appellees.

Before CUDAHY, POSNER, and FLAUM, Circuit Judges.


POSNER, Circuit Judge.

This is a diversity suit for personal injuries, brought by Ricardo Trevino against the Union Pacific Railroad and its subsidiary, the Missouri Pacific. The subsidiary was the injurer, and why the parent was also sued is a mystery but one unnecessary to dispel in order to decide this appeal. The parties agree that Illinois law governs the substantive issues.

The complaint alleges that on February 8, 1987, the defendants "owned, operated...

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