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DANIELS v. UNION PACIFIC R. CO.

No. 1-08-2010.

904 N.E.2d 1003 (2009)

Rodney L. DANIELS, Plaintiff-Appellant, v. UNION PACIFIC RAILROAD COMPANY, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

March 9, 2009.

Attorney(s) appearing for the Case

Law Offices of William B. Kohn, William B. Kohn, of Counsel, Chicago, IL, Pratt & Tobin, P.C., Gregory M. Tobin, of Counsel, East Alton, IL, Schmieder Law Firm, LLC, Christie R. Schmieder, of Counsel, East Alton, IL, for Plaintiff-Appellant.

Union Pacific Railroad Company, Connie S. Roseberry, of Counsel, Chicago, IL, pro se.

Presiding Justice ROBERT E. GORDON delivered the opinion of the court:

Plaintiff Rodney L. Daniels, age 57, filed a two-count complaint under the Federal Employers' Liability Act (FELA) (45 U.S.C. §§ 51 through 60 (2000)), against his employer, defendant Union Pacific Railroad Company, seeking damages for permanent injuries to his back. Count I of plaintiff's complaint alleged that he injured his back on October 3, 2007, when "the high-rail wheels dropped...

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