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WORTHY v. NORFOLK & WESTERN RY. CO.

No. 5-92-0464.

619 N.E.2d 1371 (1993)

249 Ill. App.3d 1096

189 Ill.Dec. 322

Jack H. WORTHY, Plaintiff-Appellee, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

September 13, 1993.

Attorney(s) appearing for the Case

Thompson & Mitchell, Belleville (Thomas W. Alvey, Jr., Kurt E. Reitz, Mary Sue Juen, of counsel), for defendant-appellant.

Sandor Korein, Michael B. Marker, Carr, Korein, Tillery, Kunin, Montroy, Glass & Bogard, East St. Louis, for plaintiff-appellee.

Presiding Justice CHAPMAN delivered the opinion of the court:

The Norfolk and Western Railway Company (Railway) appeals from a judgment entered against it and in favor of the plaintiff in the amount of $1,366,000. We affirm.

Only one issue is presented on appeal: whether the trial court properly instructed the jury concerning the circumstances under which preexisting conditions are compensable. Before discussing the instructions at issue, it is necessary to...

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