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BROOKS v. ILLINOIS CENT. R. CO.

No. 1-04-2607.

846 N.E.2d 931 (2005)

364 Ill. App.3d 120

301 Ill.Dec. 328

Jannie BROOKS, Mother and Best Friend of Rhonda Brooks, Plaintiffs, v. ILLINOIS CENTRAL RAILROAD COMPANY, d/b/a Canadian National/Illinois Central Railroad Company, an Illinois Corporation, and Northeast Illinois Regional Commuter Railroad Corporation, d/b/a Metra/Metropolitan Rail, an Illinois Not-For-Profit Corporation, Defendants (Illinois Central Railroad Company, d/b/a Canadian National/Illinois Central Railroad Company, an Illinois Corporation, Counterplaintiff-Appellant, v. Northeast Illinois Regional Commuter Railroad Corporation, d/b/a Metra/Metropolitan Rail, an Illinois Not-For-Profit Corporation, Counterdefendant-Appellee).

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied July 26, 2005.

Attorney(s) appearing for the Case

Freeborn & Peters LLP, Richard T. Sikes, Jr., Anthony J. Carballo, Marc H. Kallish, Chicago, for Appellant.

Judge, James & Kujawa, Ltd., Park Ridge, Jay S. Judge, Michael E. Kujawa, Thomas N. Osran and Sue-Ann Rosen, Richard Capra, Metra Law Department, Chicago, for Appellee Northeast Illinois Regional Commuter Corp., d/b/a Metra.

Justice GREIMAN delivered the opinion of the court:

Counterplaintiff Canadian National/Illinois Central Railroad Company (Illinois Central) brings this interlocutory appeal seeking reversal of the circuit court's grant of counterdefendant Northeast Illinois Regional Commuter Railroad Corporation/Metra/Metropolitan Rail's (Metra) motion to dismiss Illinois Central's counterclaim for contribution. The circuit court certified the following issue on appeal:

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