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MALCOME v. TOLEDO, PEORIA & WESTERN RY.

No. 4-03-0805.

811 N.E.2d 1199 (2004)

349 Ill.App.3d 1005

285 Ill.Dec. 320

Christine MALCOME, Individually and as Special Administratrix of the Estate of Daniel E. Malcome, Deceased, Plaintiffs-Appellants, v. TOLEDO, PEORIA & WESTERN RAILWAY CORPORATION, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

June 16, 2004.

Attorney(s) appearing for the Case

John L. Morel (arguer), John L. Morel, P.C., Bloomington, for Christine Malcome.

James P. McCarthy, Paul Van Lysebettens (arguer), Catherine Carlson, Gunty & McCarthy, Chicago, for Toledo, Peoria & Western Railway.

Justice COOK delivered the opinion of the court:

Plaintiffs, Christine Malcome, individually and as special administratrix of the estate of Daniel Malcome, appeal the McLean County circuit court's order dismissing the complaint against defendant, Toledo, Peoria & Western Railway Corporation (Toledo). We affirm.

I. BACKGROUND

At approximately 9:30 p.m. on November 29, 1999, Christine's husband, Daniel...

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