NUNEZ v. BNSF RY. CO.

No. 12-3018.

730 F.3d 681 (2013)

Tanya NUNEZ, as administrator of the estate of Cynthia L. Madden, Plaintiff-Appellant, v. BNSF RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 11, 2013.


Attorney(s) appearing for the Case

Richard L. Steagall , Attorney, Nicoara & Steagall, Ralph D. Davis , Attorney, Peoria, IL, for Plaintiff-Appellant.

Tamara K. Hackmann , Attorney, Heyl, Royster, Voelker & Allen, Urbana, IL, Stephen J. Heine , Attorney, Craig L. Unrath , Attorney, Heyl, Royster, Voelker & Allen, Peoria, IL, for Defendant-Appellee.

Before BAUER, POSNER, and FLAUM, Circuit Judges.


POSNER, Circuit Judge.

Cynthia Madden was killed when her car was struck by the defendant's train at a railroad crossing in Illinois. Her estate sued the railroad, basing jurisdiction on diversity of citizenship and claiming that her death had been caused by the railroad's negligence — specifically that the railroad crossing gates had descended, the warning lights at the crossing had begun flashing, and the locomotive horn had been blown, all fewer than 20...

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