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KINZLER v. CHICAGO & NORTH WESTERN TRANSP.

No. 5-95-0304.

669 N.E.2d 1247 (1996)

283 Ill. App.3d 404

218 Ill.Dec. 721

David KINZLER, Plaintiff-Appellee, v. CHICAGO & NORTH WESTERN TRANSPORTATION COMPANY and Dever and Sons Trucking Company, Inc., Defendants-Appellants.

Appellate Court of Illinois, Fifth District.

August 29, 1996.

Attorney(s) appearing for the Case

Theodore J. Williams, Jr., Andrew B. Mayfield, Armstrong, Teasdale, Schlafly & Davis, St. Louis, MO, for Chicago & North Western Transportation Company.

Bryan L. Skelton, Reed, Armstrong, Gorman, Coffey, Gilbert & Mudge, Edwardsville, for Dever and Sons Trucking Company, Inc.—adopted briefs of Chicago & North Western Transportation Company.

Roger C. Denton, Schlichter, Bogard & Denton, St. Louis, MO, for David Kinzler.

Justice KUEHN delivered the opinion of the court:

On September 23, 1992, in Bureau County, Illinois, a Chicago & Northwestern Railroad (CNW or defendant) freight train collided with a grain truck owned by Dever and Sons Trucking Company, Inc. (Dever). David Kinzler (Kinzler or plaintiff), a 23-year veteran with CNW's St. Louis subdivision, sustained injuries to his head and back in the collision. On June 28, 1993,...

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