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SHIELDS v. BURLINGTON NORTHERN & SANTA FE

No. 1-03-2506.

818 N.E.2d 851 (2004)

353 Ill. App.3d 506

288 Ill.Dec. 916

Percy SHIELDS, Plaintiff-Appellee, v. BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY, Defendant-Appellant (Richard T. Sikes, Jr., Contemnor-Appellant).

Appellate Court of Illinois, First District, Sixth Division.

October 22, 2004.

Attorney(s) appearing for the Case

Freeborn & Peters, LLP, Chicago (Richard T. Sikes, Jr. and Charles W. Webster), for Appellants.

Brown & Associates, Belleville (Terry N. Brown and William F. Kopis, of counsel); Mullen, Minella & Kellliher, Chicago (Christopher Mullen, Co-Counsel), for Appellee.

Justice McNULTY delivered the opinion of the court:

Richard Sikes, an attorney for Burlington Northern & Santa Fe Railway Company, appeals from an order holding him in contempt for refusing to respond to discovery concerning Burlington's surveillance of Percy Shields, the plaintiff in this personal injury litigation. We hold that no privilege prevents discovery of any videotape or film of plaintiff's activities taken during such surveillance. We affirm the trial...

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