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BIELICKE v. TERMINAL R.R. ASS'N OF ST. LOUIS

No. 5-96-0503.

684 N.E.2d 160 (1997)

291 Ill. App.3d 690

225 Ill.Dec. 685

James E. BIELICKE, Plaintiff-Appellee, v. TERMINAL RAILROAD ASSOCIATION OF ST. LOUIS, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

Rehearing Denied September 9, 1997.

Attorney(s) appearing for the Case

Rebecca R. Jackson, Vivian H. Waters, St. Louis, MO, for Defendant-Appellant.

Mark P. Spengler, Keith A. Jensen, Callis, Papa, Jensen, Jackstadt & Halloran, P.C., Granite City, for Plaintiff-Appellee.

Justice CHAPMAN delivered the opinion of the court:

On July 29, 1993, James Bielicke was working the 3:30 p.m.-to-11 p.m. shift as a carman for the Terminal Railroad Association of St. Louis (Terminal). His duties included the routine repair of three gondola cars. At approximately 7 p.m. Bielicke and his coworker, Charles Smith, prepared to work on the gondola cars. Plaintiff testified that he climbed onto one of the gondola cars by stepping on the sill step and grasping...

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