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RUB v. CONSOLIDATED RAIL CORP.

No. 1-99-2121.

771 N.E.2d 1015 (2002)

331 Ill. App.3d 692

265 Ill.Dec. 56

Leann M. RUB, Exe'r of the Estate, of Howard G. Rub, Jr., Deceased, and Leann M. Rub, Indiv., Plaintiffs-Appellants, v. CONSOLIDATED RAIL CORPORATION, Defendant-Appellee.

Appellate Court of Illinois, First District, Second Division.

May 28, 2002.

Attorney(s) appearing for the Case

William F. Fitzpatrick, Callahan, Fitzpatrick & Lakoma, Oak Brook; and Roger B. Gomien, Gomien, Harrop & Sobol, Morris, for Plaintiffs-Appellants.

Lord, Bissell & Brook (Hugh C. Griffin, David R. Schmidt, C. Kevin McCabe and Stevie A. Kish, of counsel), Chicago, for Defendant-Appellee.

Justice McBRIDE delivered the opinion of the court:

On November 25, 1992, Howard G. Rub, Jr. (Rub), was killed when a train owned and operated by defendant-appellee Consolidated Rail Corporation (Conrail) collided with his vehicle. The accident occurred at the intersection of Morris Road and the Conrail tracks in Dwight, Illinois. Leann Rub (plaintiff), widow of Rub, filed a wrongful death action against Conrail in her individual capacity and on behalf of the estate...

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