Peoria, IL (309) 676-0591

Dunn v. B & O Railroad Co.

127 Ill.2d 350 (1989)

Effect of comparative fault on Defendant’s duty.

Motorcyclist’s parents brought wrongful death and survival action against railroad for damages resulting when motorcyclist collided with stopped train at crossing. The Circuit Court, Douglas County, Powers, Jr., J., dismissed complaint with prejudice, and parents appealed. The Appellate Court, Spitz, P.J., 162 Ill.App.3d 97, 113 Ill.Dec. 868, 515 N.E.2d 1027, affirmed in part, reversed in part and remanded. On appeal, the Supreme Court, Stamos, J., held that: (1) adoption of comparative negligence did not expand or otherwise alter duty owed by railroad to motorist approaching standing train at crossing, and (2) motorist’s estate’s claim that railroad negligently violated various rules promulgated by Illinois Commerce Commission failed to state cause of action against railroad.  Read More