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MIKUS v. NORFOLK AND WESTERN RY. CO.

No. 1-98-4289.

726 N.E.2d 95 (2000)

312 Ill. App.3d 11

244 Ill.Dec. 499

Ronald S. MIKUS, Plaintiff-Appellee, v. NORFOLK AND WESTERN RAILWAY COMPANY, a corporation, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

February 22, 2000.

Attorney(s) appearing for the Case

Daley & Mohan, P.C., Chicago (Raymond H. Groble, III and Christopher R. Karsten, of counsel), for Appellant.

Callis, Papa, Jackstadt & Halloran, P.C., Granite City (John T. Papa and Kenneth P. Danzinger, of counsel), and William J. Harte, Ltd., Chicago, for Appellee.

Presiding Justice FROSSARD delivered the opinion of the court:

Plaintiff, Ronald Mikus, brought this suit against his employer, defendant Norfolk and Western Railway Company, seeking damages under the Federal Employers' Liability Act (45 U.S.C. §§ 51 through 60 (1988)) (FELA). Plaintiff was injured during his employment as a railroad conductor, when he was struck by a railroad crossing gate arm, which was broken by a truck going through lowering gates at...

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