REALES v. CONSOLIDATED RAIL CORP.

No. 95-2268.

84 F.3d 993 (1996)

Judy REALES and Antonio Reales, as Individuals and Co-Administrators of the Estate of Melissa J. Hill, deceased, Plaintiffs-Appellants, v. CONSOLIDATED RAIL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 30, 1996.


Attorney(s) appearing for the Case

John A. DeMato (argued), DeMato & Associates, Hamond, IN, for plaintiffs-appellants.

Harold Abrahamson, Michael C. Adley (argued), Abrahamson, Reed & Adley, Hammond, IN, for defendant-appellee.

Before POSNER, Chief Judge, and ESCHBACH and DIANE P. WOOD, Circuit Judges.


DIANE P. WOOD, Circuit Judge.

Attempting to cross the railroad tracks ahead of an oncoming Conrail train, fifteen-year old Melissa Hill maneuvered her bicycle around the automatic gates and onto the tracks. Her cousin, who had done the same thing seconds before, crossed the tracks successfully; she was not so lucky. She hesitated for a split second, and then she was struck by the train and killed. Her parents, Judy and Antonio Reales, brought this wrongful death action...

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