BENJAMIN v. ATCHISON, TOPEKA & SANTA FE RAILWAY CO.

No. 3-91-0226.

588 N.E.2d 378 (1992)

225 Ill. App.3d 608

167 Ill.Dec. 737

Cheryl BENJAMIN, Individually and as Administrator of the Estate of Russell Benjamin, Deceased, Plaintiff-Appellant, v. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, and Kenneth Perkins, Sr., Defendants-Appellees.

Appellate Court of Illinois, Third District.

February 18, 1992.


Attorney(s) appearing for the Case

David V. Dorris, Thomas M. Harris (argued), Jerome Mirza & Associates, Bloomington, for Cheryl Benjamin.

Karen L. Kendall (argued), Stephen J. Heine, Robert V. Dewey, Jr., Heyl, Royster, Voelker & Allen, Peoria, for Atchison, Topeka & Santa Fe.

John W. Robertson (argued), Robert C. Stoerzbach, Barash, Stoerzbach & Henson, Galesburg, for Kenneth Perkins, Sr.


Justice GORMAN delivered the opinion of the court:

This is a wrongful death case arising from a collision between a van and a stationary train. The van was subsequently struck by another train, which was on an adjacent track. The defendants were granted summary judgment. We affirm.

On December 14, 1985, Russell Benjamin, was killed when his van collided with a train in Galesburg. He was driving in a northerly direction on his way home from a tavern at about...

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