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BURLINGTON NORTHERN & SANTA FE RAILWAY CO. v. ABC-NACO

No. 1-07-0043.

906 N.E.2d 83 (2009)

The BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Plaintiff-Appellee, v. ABC-NACO, a Delaware Corporation, Defendant-Appellant (TTX Company, a Delaware Corporation, Defendant-Appellee; Norfolk Southern Railway Company, a Virginia Corporation, Defendant).

Appellate Court of Illinois, First District, Fourth Division.

March 31, 2009.

Attorney(s) appearing for the Case

BryceDowney, LLC, Chicago (Geoffrey A. Bryce, Terrence J. Madden, of counsel), for Appellant.

Freeborn & Peters LLP, Chicago (Richard T. Sikes, Jr., David S. Becker, of counsel), for Appellee, The Burlington Northern & Santa Fe Railway Company.

Swanson, Martin & Bell, LLP, Chicago (Kevin V. Boyle, Richard Keating, of counsel), for Appellee, TTX Company.

Justice GALLAGHER delivered the modified opinion of the court on rehearing:

The Burlington Northern & Santa Fe Railway Company (BNSF) brought an action against defendants ABC-NACO (NACO), TTX Company and Norfolk Southern Railway Company for damages from the June 6, 2001, derailment of 26 cars of a freight train traveling through a region of the Arizona desert known as Eagle Nest. No one was injured as a result of the derailment. A jury trial was held in which...

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