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KOKOSZYNSKI v. CHICAGO SOUTH SHORE AND SOUTH BEND R.R.

No. 1-90-2489.

612 N.E.2d 32 (1993)

243 Ill. App.3d 343

183 Ill.Dec. 775

Frank N. KOKOSZYNSKI, as Special Administrator of the Estate of Marlene Kokoszynski, Deceased and Frank Kokoszynski, individually and Lori Ann Kokoszynski, Plaintiffs-Appellants, v. CHICAGO SOUTH SHORE AND SOUTH BEND RAILROAD, an Indiana corporation, Defendant-Appellee (Howard T. Menn, Defendant).

Appellate Court of Illinois, First District, Third Division.

February 17, 1993.

Attorney(s) appearing for the Case

Monico, Pavich & Spevack, Chicago (Robert J. Pavich, Mary G. Broderick, of counsel), for plaintiffs-appellants.

Johnson & Bell, Ltd., Chicago (Robert M. Burke, Thomas H. Fegan, of counsel), for defendant-appellee.

Presiding Justice TULLY delivered the opinion of the court:

This is a wrongful death action arising out of the automobile collision and subsequent death of Marlene Kokoszynski. Plaintiff asserts that the accident would not have occurred if defendant had complied with its duty to provide a safe means of ingress and egress to its place of business. The trial court entered summary judgment in favor of defendant railroad, finding that defendant could not be held liable...

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