McDonald v. Northeast Illinois Regional Commuter Railroad Corporation

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 102766-B
Decision Date: 
April 16, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Justice: 
SIMON
Holding: 
Reversed.
Wrongful death action for train passenger who was struck and killed by express train as he crossed tracks at pedestrian crosswalk. Judgment n.o.v should have been granted as Decedent could have seen train approaching station and had time to stop and step back away from track before train arrived. Danger posed by oncoming train was open and obvious and Decedent should have realized risk of trying to hurry across tracks. Deliberate encounter exception inapplicable. (QUINN and BEVILLE, concurring.)