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ZIARKO v. SOO LINE R. CO.

Nos. 1-90-2112, 1-90-2151, 1-91-1871.

602 N.E.2d 5 (1992)

234 Ill. App.3d 860

176 Ill.Dec. 698

Ronald J. ZIARKO, Plaintiff-Appellee, v. SOO LINE RAILROAD COMPANY, Defendant-Appellant and Counter-Plaintiff-Appellant and Counter-Defendant-Appellant and Third-Party Plaintiff-Appellant (Milwaukee Motor Transportation Company, a corporation, Defendant and Counter-Defendant-Appellee and Counter-Plaintiff-Appellee; (Nielson Brothers Cartage Company, Third-Party Defendant-Appellee)).

Appellate Court of Illinois, First District, First Division.

Rehearing Denied July 28, 1992.

Attorney(s) appearing for the Case

Clausen, Miller, Gorman, Caffrey & Witous, P.C. (James T. Ferrini, Ivar A. Azeris, Edward M. Kay, of counsel), Chicago, for counter-plaintiff-appellant Soo R.R.

Cassiday, Schade & Gloor (Timothy J. Ashe, Lynn D. Dowd, Kathlein K. Krider, of counsel), Chicago, for counter-defendant-appellee Milwaukee Motor Trans.

Justice O'CONNOR delivered the opinion of the court:

While Ronald J. Ziarko tended to his tractor-trailer rig in a railroad yard owned by the Soo Line Railroad Company (Soo Line), one of that company's trains struck the rig which then struck Ziarko. The resulting injuries to Ziarko were extensive and necessitated amputation of his right leg.

Ziarko subsequently sued Soo Line and Milwaukee Motor Transportation (Milwaukee Motor), the entity which operated the...

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