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SMITH v. ILLINOIS CENT. R.R. CO.

No. 5-04-0411.

845 N.E.2d 703 (2005)

363 Ill. App.3d 944

300 Ill.Dec. 814

Marvin SMITH, Roberta Smith, Pam Runnells, Mark Chaney, Teddie Maxton, Max Dearman, Thomas Trigg, Cheryl Trigg, Klaudine Kwiatakowski, Larry Galbraith, and Shirley Galbraith, All Individually and as Representatives of All Persons and Entities Who Are Members of the Class Described Herein, Plaintiffs-Appellees, v. ILLINOIS CENTRAL RAILROAD COMPANY, d/b/a Canadian National/Illinois Central Railroad, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

December 27, 2005.

Attorney(s) appearing for the Case

Kurt E. Reitz, Robert J. Wagner, Heath H. Hooks, Thompson Coburn LLP, Belleville, for Appellant.

Edward J. Kionka, Belleville; Joseph M. Leberman, Bryant & Kautz, P.C., Marion; JoDee Favre, Law Office of JoDee Favre, Belleville, for Appellees.

Justice DONOVAN delivered the opinion of the court:

The plaintiffs filed a negligence action against the defendant, Illinois Central Railroad Company, doing business as Canadian National/Illinois Central Railroad (the railroad), in the circuit court of Perry County, Illinois, on behalf of themselves and those persons and businesses who sustained personal injuries and property damages as a result of the derailment of the...

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