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PENCE v. NORTHEAST ILL. COMMUTER R.R. CORP.

No. 1-08-3668.

923 N.E.2d 854 (2010)

Donald L. PENCE, Jr., Plaintiff-Appellant, v. NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION, d/b/a Metra, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

As Corrected February 11, 2010.

Attorney(s) appearing for the Case

Farrell, Tracy and Farrell, Oak Lawn (John N. Farrell, of counsel), for Appellant.

Pugh, Jones, Johnson & Quandt, P.C., Chicago (Stephen H. Pugh, Tiffany M. Ferguson and Jonathan B. Cifonelli, of counsel), for Appellee.

Justice COLEMAN delivered the opinion of the court:

Plaintiff, Donald Pence, appeals the circuit court's order granting summary judgment in favor of the defendant, Northeast Illinois Regional Commuter Railroad Corporation (Metra). Plaintiff sought recovery for injuries caused as a result of tripping on the railroad tracks at a grade-level crossing near the Midlothian, Illinois, Metra station. After initially denying Metra's motion for summary judgment, the circuit...

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