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AMMONS v. CANADIAN NAT. RY. CO.

No. 1-17-2648 1-17-3205.

124 N.E.3d 1 (2018)

2018 IL App (1st) 172648

Melvin AMMONS, Plaintiff/Counterdefendant-Appellee, v. CANADIAN NATIONAL RAILWAY COMPANY, a Foreign Corporation, and Wisconsin Central, Ltd., a Foreign Corporation, Individually and as a Subsidiary of Canadian National Railway Company, Defendants. (Wisconsin Central, Ltd., Defendant and Counterplaintiff-Appellant). Darrin Riley, Plaintiff/Counterdefendant-Appellee, v. Wisconsin Central, Ltd., Defendant/Counterplaintiff-Appellant.

Appellate Court of Illinois, First District, FIRST DIVISION.

December 17, 2018.

Attorney(s) appearing for the Case

Kevin M. Forde and Joanne R. Driscoll , of Forde Law Offices LLP, and Catherine Basque Weiler and Kevin V. Boyle , of Swanson Martin & Bell, both of Chicago, for appellant.

Leslie J. Rosen , of Leslie J. Rosen Attorney at Law, P.C., Scott C. Sands , of Sands & Associates, and George Brugess , of Cogan & Power, P.C., all of Chicago, for appellees.

OPINION

¶ 1 If there is a train crash and the railway employee involved files a personal injury claim against his employer for negligence, can the railway-employer file a counterclaim for negligence for the property damage caused in the crash? That is the question...

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