DOWE v. BIRMINGHAM STEEL CORP.

Nos. 1-09-1997, 1-09-2006.

963 N.E.2d 344 (2011)

357 Ill. Dec. 391

Debra DOWE, Independent Administrator of the Estate of Sheena Dowe, Deceased, Amausae A. Dowe, a minor, by and through his Custodial Guardian, Debra Dowe, Shalaine Johnson, Shalaine Johnson, as Mother and Next Friend of Jodeon Rouser, a Minor, Robert Munson, Independent Administrator of the Estate of Marie Alvina Munson, Deceased, Kelley Whitaker, Personal Representative of the Estate Jessica Lane Tickle, Deceased, Michelle Piette and Warren Piette, Max Bonnin, Personal Representative of the Estate of June Bonnin, Deceased, Max Bonnin, as Father and Next Friend of Ashley Bonnin, a Minor, Billy E. Adkins, Personal Representative of the Estate of Helena R. Adkins, Deceased, Blanche R. Jones and Derrick Jones, Charlene A. Hempfling, Nancy D. Haigh, Mary Mosley, Individually and as Mother and Next Friend of Ashley Mosley, a Minor, John S. Vant, Executor of the Estate of Virgil Vant, Deceased, John S. Vant, Executor of the Estate of Leona Vant, Deceased, John S. Vant, Executor of the Estate of Wendy Vant Deceased, Minnie C. Stewart, Ray Stewart, Jr., Cedric Stewart, Ray Stewart as Conservator of the Estate of Orran Stewart, Deceased, Gail Gordon-Allen and Aaron Allen, Sarah Dudley, Gregory Herman, Individually, Lisa D. Herman, Individually, Lisa D. Herman, Mother and Next Friend of Kristen E. Herman, a Minor, Mother and Next Friend of Kaitlin G. Herman, a Minor, and Mother and Next Friend of David G. Herman, a Minor, Nancy M. Schafle, Dolores Bell and Robert Bell, Susan Falls, Jennifer Falls, John Falls, Andrea Shidle, Joseph Shidle, Marilyn Shidle, John Stolfa, Camille Stolfa, Blanche Fortune, Plaintiffs-Appellants and Cross-Appellees, v. BIRMINGHAM STEEL CORPORATION, Defendant-Appellee and Cross-Appellant. National Railroad Passenger Corporation, d/b/a Amtrak, Plaintiff-Appellant and Cross-Appellee, v. Birmingham Steel Corporation, Defendant-Appellee and Cross-Appellant (Melco Transfer, Inc., and John Stokes, Defendants).

Appellate Court of Illinois, First District, First Division.

December 19, 2011.


Attorney(s) appearing for the Case

Michael K. Demetrio , of Corboy & Demetrio, Chicago, and Michael T. Reagan of Herbolsheimer, Lannon, Henson, Duncan & Reagan, P.C., Ottawa, for appellants.

David F. Ryan and Denise Keliuotis , both of Patten & Ryan LLC, and Robert J. Franco , Vincent P. Tomkiewicz , and Christopher M. Cano , all of Bollinger, Ruberry & Garvey, both of Chicago, for appellee Birmingham Steele Corp.

Susan K. Lang and Diane L. Jennings both of Anderson, Rasor & Partners, LLP, Chicago, for appellee Amtrak.


OPINION

Justice HALL delivered the judgment of the court, with opinion.

¶ 1 This consolidated appeal arises out of a collision between a semi tractor-trailer and an Amtrak1 passenger train at a railroad crossing in Bourbonnais, Illinois, on March 15, 1999, at approximately 9:47 p.m. For the reasons that follow, we affirm.

¶ 2 BACKGROUND

¶ 3 The tractor-trailer at issue was driven by John Stokes...

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