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ESPINOZA v. ELGIN, JOLIET AND EAST. RY.

Docket No. 76978.

649 N.E.2d 1323 (1995)

165 Ill.2d 107

208 Ill.Dec. 662

Raymond J. ESPINOZA, Jr., et al., Appellees, v. ELGIN, JOLIET AND EASTERN RAILWAY COMPANY et al. (Elgin, Joliet and Eastern Railway Company, Appellant).

Supreme Court of Illinois.

March 30, 1995.

Attorney(s) appearing for the Case

Gessler, Flynn, Fleischmann, Hughes & Socol, Ltd., Chicago (George W. Gessler and William P. Jones, of counsel), for appellant.

Terrance R. Hyten, Barrington, for Raymond J. Espinoza, Jr.

Berle Schwartz, Highland Park, for appellee Estate of Michelle Kolasinski, deceased.

Chief Justice BILANDIC delivered the opinion of the court:

The instant action arises from a collision between a pickup truck driven by Randy Anderson and a freight train owned and operated by the Elgin, Joliet and Eastern Railway Company (EJ & E). The plaintiffs, Raymond J. Espinoza, Jr., and Michelle Kolasinski, who were passengers in the truck, brought an action for negligence in the circuit court of Lake County against EJ & E. The trial court granted summary...

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