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VELARDE v. ILLINOIS CENT. R.R. CO.

No. 1-02-1859.

820 N.E.2d 37 (2004)

354 Ill. App.3d 523

289 Ill.Dec. 529

Fidel VELARDE and Francisca Velarde, Plaintiffs-Appellees (Rafael Apulello and The Northern Trust Company, as Co-Guardians of Lilia Apulello, a Disabled person, and Rafael Apulello, Individually, Plaintiffs-Appellees), v. ILLINOIS CENTRAL R.R. CO., d/b/a Canadian National/Illinois Central R.R. Company, an Illinois Corporation, and Chicago Central & Pacific R.R. Company, a Corporation, Defendants-Appellants.

Appellate Court of Illinois, First District, First Division.

November 8, 2004.

Attorney(s) appearing for the Case

Timothy J. Cavanaugh, of Lloyd & Cavanaugh, Michael W. Rathsack, Chicago, for Plaintiffs-Appellees Fidel and Francisca Velarde.

Terrence J. Lavin, of Lavin & Nisivaco, P.C., David A. Novoselsky, Leslie J. Rosen of Novoselsky Law Offices, Chicago, for Plaintiffs-Appellees Rafael Apulello and Northern Trust Co.

Weston W. Marsh, Tonita M. Helton, of Freeborn & Peters and Clausen Miller P.C. (James T. Ferrini, Edward M. Kay, Paula M. Carstensen, Paul V. Esposito, of counsel), Chicago, for Defendants-Appellants.

Justice McBRIDE delivered the opinion of the court:

This appeal involves a collision between a freight train and an automobile which occurred just after noon on January 9, 2001, on Army Trail Road in Bloomingdale, Illinois. The owner and maintainer of the tracks, defendant Illinois Central Railroad Company d/b/a Canadian National/Illinois Central Railroad Company (CNIC or railroad), knew that snow and road salt had caused...

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