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ESKEW v. BURLINGTON NORTHERN AND SANTA FE

No. 1-09-3450.

958 N.E.2d 426 (2011)

354 Ill. Dec. 683

Gary ESKEW and Judy Henderson, as Co-Administrators of the Estate of Scott Eskew, Deceased, Plaintiffs-Appellees, v. The BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Foreign Corporation, and The Northeast Illinois Regional Commuter Railroad Corporation, an Illinois Corporation d/b/a Metra, Defendants-Appellants.

Appellate Court of Illinois, First District, First Division.

September 30, 2011.

Attorney(s) appearing for the Case

BNSF Railway Company, et al., Chicago ( Raymond H. Groble III , Brian George , Daley Mohan Groble, P.C., of counsel), for Appellant.

( Michael W. Rathsack , Jay Paul Deratany , Patrick P. Degnan , of counsel), Chicago, for Appellees.

OPINION

Presiding Justice HOFFMAN delivered the judgment of the court, with opinion.

¶ 1 The plaintiffs, Gary Eskew and Judy Henderson, as co-administrators of the estate of Scott Eskew (Eskew), deceased, brought this action against the defendants, the Burlington Northern and Santa Fe Railway Company (BNSF) and the Northeast Illinois Regional Commuter Railroad Corporation d/b/a Metra (Metra), alleging that their negligence resulted in the death of Eskew...

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