Eskew v. The Burlington Northern and Santa Fe Railway Company

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2011 IL App (1st) 093450 FIRST DIVISION FILED: September 30, 2011 No. 1-09-3450 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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY No. 06 L 0616 HONORABLE DONALD SURIANO, JUDGE PRESIDING. PRESIDING JUSTICE HOFFMAN delivered the judgment of the court, with opinion. Justices Karnezis and Rochford concurred in the judgment and opinion. 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. The jury returned a verdict for the plaintiffs in the amount of $5 million, assigning 85% of the liability

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