Myers v. Illinois Central R.R. Co.

State: Illinois

Court: 4th District Appellate

Docket No: 4-00-0943 Rel

Case Date: 07/19/2001

July 19, 2001

NO. 4-00-0943

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

TIMOTHY C. MYERS,
                      Plaintiff-Appellant,
                      v.
ILLINOIS CENTRAL RAILROAD COMPANY,
                      Defendant-Appellee.

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Appeal from
Circuit Court of
Macon County
No. 99L68

Honorable
James A. Hendrian,
Judge Presiding.

JUSTICE MYERSCOUGH delivered the opinion of the court:

In October 1998, plaintiff, Timothy C. Myers, filed asingle-count complaint against defendant, Illinois CentralRailroad Company. Plaintiff's suit arises from an April 1998incident in which plaintiff, while employed by defendant, injuredhimself when he attempted to exit a moving train. In July 2000,defendant filed a motion for summary judgment. In August 2000,plaintiff filed a motion for leave to file an amended complaint. In October 2000, the trial court granted defendant's motion anddenied plaintiff's. On appeal, plaintiff argues that (1) thetrial court erred in granting summary judgment based on itsfinding that (a) the Federal Railroad Safety Act of 1970 (FRSA) (49 U.S.C.