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

No. 102060.

860 N.E.2d 332 (2006)

223 Ill.2d 441

307 Ill.Dec. 678

Marvin SMITH et al., All Indiv. and As Representatives of All Persons and Entities Who Are Members of the Class Described Herein, Appellees, v. ILLINOIS CENTRAL RAILROAD COMPANY, Appellant.

Supreme Court of Illinois.

November 30, 2006.

Attorney(s) appearing for the Case

Kurt E. Reitz, Robert J. Wagner and Heath H. Hooks, Belleville (Thompson Coburn, L.L.P., of counsel), for appellant.

Edward J. Kionka, Carbondale, Joseph M. Leberman, of Bryant & Kautz, P.C., Marion, and Jodee Favre, Belleville, for appellees.

Stephanie A. Scharf, John K. Min, of Jenner & Block, L.L.P., Chicago (Hugh E. Young, Jr., Reston, Virginia, of counsel), for amicus curiae Product Liability Advisory Council, Inc.

Karen L. Kendall, Brad A. Elward, Craig L. Unrath, of Heyl, Royster, Voelker & Allen, Peoria, for amicus curiae Illinois Association of Defense Trial Counsel.

Justice KARMEIER delivered the judgment of the court, with opinion:

Marvin Smith and 10 others (plaintiffs) filed an action in the circuit court of Perry County against the Illinois Central Railroad Company, doing business as the Canadian National/Illinois Central Railroad (Railroad), on behalf of themselves and those persons and businesses who allegedly sustained personal injuries and property damage as a result of a train derailment in Tamaroa, Illinois. The circuit...

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