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NELSON v. NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORP.

No. 1-05-0002.

845 N.E.2d 884 (2006)

364 Ill. App.3d 181

301 Ill.Dec. 19

Shanica NELSON, a minor by her mother and next friend, Nannette Nelson, Plaintiffs-Respondents, v. NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION d/b/a METRA, Defendant-Petitioner.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied April 12, 2006.

Attorney(s) appearing for the Case

(Sue-Ann Rosen, Richard Capra, of counsel), METRA Law Department, Chicago (Jay S. Judge, Michael E. Kujawa, Erika G. Baldonado, of counsel), Judge James & Kujawa, LLC, Park Ridge, for Defendant-Appellant.

(Steven W. Jacobson, of counsel), Jacobson & Sorkin, Ltd., Chicago, for Plaintiffs-Appellees.

Justice SHEILA M. O'BRIEN delivered the opinion of the court:

The 15-year-old plaintiff, Shanica Nelson, filed suit against defendant METRA and Edward A. Trulley, defendant's train engineer, to recover for injuries sustained when she was struck by a passenger train while trespassing on defendant's railroad tracks. Plaintiff alleged that defendant was negligent in its operation of the train and its failure to maintain sufficient fences or barriers to prevent trespassing...

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