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MAGNA TRUST CO. v. ILLINOIS CENT. R. CO.

No. 5-98-0792.

728 N.E.2d 797 (2000)

313 Ill. App.3d 375

245 Ill.Dec. 715

MAGNA TRUST COMPANY, Administrator of the Estate of James C. Jones, Deceased, Plaintiff-Appellee, v. ILLINOIS CENTRAL RAILROAD COMPANY, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

April 18, 2000.

Attorney(s) appearing for the Case

Jonathan Freed, Bradley and Freed, PSC, Paducah, KY; Kurt E. Reitz, Ann C. Barron, Thompson Coburn LLP, Belleville, for Appellant.

David V. Dorris, Jerome Mirza & Associates, Ltd., Bloomington; William L. Broom, III, Patricia A. Small, Barrett, Twomey, Morris, Broom & Hughes, Carbondale, for Appellee.

Justice MAAG delivered the opinion of the court:

Plaintiff, Magna Trust Company, administrator for the estate of James (Rusty) C. Jones, filed a wrongful death complaint against defendant, Illinois Central Railroad Co. (Illinois Central), alleging a violation of the Safety Appliance Act (49 U.S.C. § 20301 et. seq. (1994)). Rusty Jones, an employee of Archer Daniels Midland (ADM), suffered fatal injuries when he was crushed between two rail cars while attempting...

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