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KULHAVY v. BURLINGTON N. SANTA FE R.R.

No. 1-02-1973.

785 N.E.2d 928 (2003)

337 Ill. App.3d 510

271 Ill.Dec. 734

Terry R. KULHAVY, Plaintiff-Appellant, v. BURLINGTON NORTHERN SANTA FE RAILROAD, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

February 7, 2003.

Attorney(s) appearing for the Case

Law Offices of Frederic W. Nessler, Springfield (Jack D. Davis, of counsel), for Appellant.

Kenneth J. Wysoglad & Associates, Chicago (John Newell, Kenneth J. Wysoglad, Michael L. Sazdanoff and Robert J. Prendergast, of counsel), for Appellee.

Justice FROSSARD delivered the opinion of the court:

Plaintiff Terry R. Kulhavy filed a complaint against defendant Burlington Northern Santa Fe Railroad1 (BNSF) alleging that he sustained injuries in the course of his employment. When plaintiff and his counsel failed to appear for a case management conference, the circuit court, on its own motion, dismissed the case for want of prosecution. Plaintiff thereafter filed a petition for relief...

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