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IN RE TRAIN COLLISION AT GARY, INDIANA

No. 45A05-9511-CV-428.

670 N.E.2d 902 (1996)

IN RE: TRAIN COLLISION AT GARY, INDIANA ON JANUARY 18, 1993. Terry DILLON, et al., Individually and on behalf of All Other Passengers, Spouses of Passengers, Dependent Next of Kin and Personal Representatives of Deceased Passengers Who Are Members of a Class Certified, Appellants-Plaintiffs, v. CHICAGO SOUTHSHORE & SOUTH BEND RAILROAD CO., a Partnership, The Northern Indiana Commuter Transportation District, Louis T. Klauder & Associates, Willard Blewett, Nippon Sharyo Seizo Kaisha, Ltd., David Riordan, and Sumitomo Corporation, Appellees-Defendants.

Court of Appeals of Indiana.

Rehearing Denied October 31, 1996.

Attorney(s) appearing for the Case

Kenneth J. Allen, Brett E. Osborne, Kenneth J. Allen & Associates, P.C., Valparaiso, for appellant.

Michael C. Harris, Harris, Welsh & Lukmann, Chesterton, Robert M. Burke, Brian Fetzer, Johnson & Bell, Ltd., Chicago, IL, Mark E. Odier, Steven G.M. Stein, Eric A. Berg, Stein, Ray & Conway, Chicago, IL, Ronald P. Kuker, Lauren K. Kroeger, Hoeppner, Wagner & Evans, Valparaiso, Joseph R. Fullencamp, Barnes & Thornburg, South Bend, Wayne C. Kreuscher, Barnes & Thornburg, Indianapolis, Daniel A. Gioia, Kelly E. O'Malley, Spangler, Jennings & Dougherty, P.C., Merrillville, Storrs W. Downey, Michael K. Siebenhaar, Landau, Omahana & Kopka, Ltd., Merrillville, for appellees.

OPINION

RUCKER, Judge.

This is an appeal from the trial court's grant of a 12(B)(6) motion to dismiss. As a result of a tragic passenger train collision a four count class action lawsuit was filed against various persons and entities (referred to collectively as Defendants). Class representatives (referred to collectively as Dillon) alleged negligence in Count...

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