LAVERTY v. CSX TRANSP., INC.

No. 5-09-0043.

956 N.E.2d 1 (2010)

404 Ill. App.3d 534

353 Ill. Dec. 481

Claudious LAVERTY, Individually and as Special Administrator of the Estate of Thomas R. Laverty, Deceased, Plaintiff-Appellee, v. CSX TRANSPORTATION, INC., Defendant-Appellant, and A.W. Chesterton, Inc., Abex Corporation, Alco Locomotive, Inc., American Standard, Inc., Ametek, Inc., Aqua-Chem, Inc., Baldwin Locomotive Securities Corporation, Beazer East, Inc., Bondex International, Inc., Borg-Warner Corporation, Budd Company, Caterpillar, Inc., Certain-Teed Corporation, Continental Teves, Inc., Daimler Chrysler Corporation, Enpro Industries, Inc., Flexo Supply Company, Ford Motor Company, Foster Wheeler Energy Corporation, Garlock, Inc., General Electric Company, General Motors Corporation, Georgia-Pacific Corporation, Goodrich Corporation, Goodyear Tire & Rubber Company, Griffin Wheel Company, Honeywell International, Inc., Industrial Holdings Corporation, Ingersoll-Rand Company, J.P. Bushnell Packing, John Crane, Inc., Metropolitan Life Insurance Company, Minnesota Mining & Manufacturing Company, New York Air Brake Corporation, Owens-Illinois, Inc., Pecora Corporation, Railroad Friction Products Corporation, Rapid-American Corporation, Riley Stoker Corporation, Rockwell Automation, Inc., RPM, Inc., Sprinkmann Sons Corporation of Illinois, Sprinkmann Sons Corporation, T.H. Agriculture & Nutrition, L.L.C., Union Carbide Corporation, Viacom, Inc., Young Group Ltd., and Young Insulational Group of St. Louis, Inc., Defendants.

Appellate Court of Illinois, Fifth District.

Rule 23 Filed August 20, 2010.

Motion to Publish Granted September 15, 2010.

As corrected October 8, 2010.


Attorney(s) appearing for the Case

Kurt E. Reitz , Erick E. VanDorn , Heath H. Hooks , Thompson Coburn, LLP, Belleville, IL, for Appellant.

Michael R. Bilbrey , Robert B. Ramsey , Law Offices of Michael R. Bilbrey, P.C., Edwardsville, IL, for Appellee.


Justice WEXSTTEN delivered the opinion of the court:

The plaintiff, Claudious Laverty, individually and as the administrator of the estate of her deceased husband, Thomas R. Laverty, filed a complaint in the circuit court of Madison County against CSX Transportation, Inc. (CSX Transportation), and other defendants, for willful and wanton conduct and negligence pursuant to the Federal Employers' Liability Act (FELA) (45 U.S.C. § 51 et seq. (2000)). CSX...

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