WISNASKY v. CSX TRANSPORTATION, INC.

No. 5-17-0418.

151 N.E.3d 678 (2020)

440 Ill.Dec. 206

2020 IL App (5th) 170418

Scott WISNASKY, as Next Friend and Kin and Administrator of Dr. W., Deceased, and A.W., Deceased, and Administrator of the Estate of Alyssa Sewell, Deceased, and as Father and Next Friend of Dy. W., Minor, Plaintiff-Appellee, v. CSX TRANSPORTATION, INC.; CSX Corporation; John Bradley; Vandalia Railroad Company; Pioneer Railcorp, Inc.; Pioneer Railroad Services, Inc.; The Estate of Crystal Anna; Vandalia Civic Advancement Association, Inc.; Vandalia Lions Club, Inc., and The City of Vandalia, Illinois, Defendants (The City of Vandalia, Illinois, Defendant-Appellant).

Appellate Court of Illinois, Fifth District.

Motion to publish granted April 6, 2020.

Opinion filed April 6, 2020.


Attorney(s) appearing for the Case

William P. Hardy , of Hinshaw & Culbertson LLP, of Springfield, Charles Pierce , of Pierce Law Firm, P.C., of Belleville, and Joseph A. Bleyer , of Bleyer and Bleyer, of Marion, for appellant.

Gregory L. Shevlin , of Cook, Bartholomew, Shevlin & Cook, LLP, of Belleville, and Robert L. Pottroff (pro hac vice) and Nathan L. Karlin (pro hac vice), of Pottroff & Karlin LLC, of Manhattan, Kansas, for appellee.


OPINION

¶ 1 This cause comes before this court as an interlocutory appeal pursuant to Illinois Supreme Court Rule 308 (eff. July 1, 2017). Plaintiff-appellee, Scott Wisnasky, as administrator of the estates of Dr. W., A.W., and Alyssa Sewell, and as father of Dy....

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