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SHAFFER v. CSX TRANSP., INC.

No. 5-90-0218.

587 N.E.2d 1161 (1992)

224 Ill. App.3d 769

167 Ill.Dec. 546

Donald Ray SHAFFER, Special Administrator of the Estate of Kimberly Rae Shaffer, a Minor, Deceased, and Donald Ray Shaffer and Carolyn Shaffer, Natural Parents of Kimberly Rae Shaffer, a Minor, Deceased, Plaintiffs-Appellees, v. CSX TRANSPORTATION, INC., formerly known as Chessie System Railroad, a Corporation, Defendant and Counterdefendant-Appellant Robert Stookey, Special Administrator of the Estate of Scott Jolliff, Deceased, Defendant and Counterplaintiff-Appellee.

Appellate Court of Illinois, Fifth District.

February 6, 1992.

Attorney(s) appearing for the Case

Thomas E. Jones, Paul P. Waller, III, Walker & Williams, P.C., Belleville, for CSX Transp., Inc.

Kujawski, Rosen & Faerber, P.C., Belleville (Fritz G. Faerber, of counsel), for Donald Ray Shaffer, Carolyn Shaffer and Estate of Kimberly Shaffer.

Bernard J. Ysursa, Cook, Shevlin, Keefe & Ysursa, Ltd., Belleville, for Robert Stookey and Estate of Scott Jolliff.

Justice HOWERTON delivered the opinion of the court:

Kimberly Rae Shaffer, a minor, was killed while riding as a passenger in a car that collided with a train at a railroad crossing in Sandoval, Marion County, Illinois. Kimberly's parents, Donald Ray and Carolyn Shaffer, and Donald Ray Shaffer, as special administrator of the estate, sued defendants, CSX Transportation, Inc. (CSX), and Robert Stookey, special administrator of the estate of Scott Jolliff, the driver...

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