JUSTICE GOLDENHERSH delivered the opinion of the court:Defendant, Union Pacific Railroad Company, appeals from a judgment in favor of plaintiff, Paul L. Fritzsche, special administrator of the estate of Carol Ann Fritzsche, in a wrongful-death action for the death of Paul L. Fritzsche's wife, Carol Fritzsche, killed in an automobile-train collision. The circuit court of Madison County entered judgment on a jury verdict awarding plaintiff $4,300,000 reduced by 25% to $3,225,000 for decedent's contributory negligence.

Defendant has raised numerous issues for consideration. We will not list the many subissues defendant presents, but rather we will discuss these subissues in the text of the opinion. On appeal, defendant makes the following claims: (1) federal law preempts plaintiff's excessive-train-speed claims, (2) no cause of action exists under the Wrongful Death Act (the Act) (740 ILCS 180/0.01 et seq. (West 1994)) for the breach of a warranty deed covenant, (3) the trial court erred in allowing plaintiff's expert to testify concerning previously undisclosed opinions, (4) the trial court erred in excluding defendant's expert's opinions regarding decedent's intoxication, (5) plaintiff's counsel's closing argument comments were inflammatory and resulted in an excessive verdict, (6) defendant has no duty to sound a warning of an approaching train at private crossings, (7) the trial court erred in giving the "missing witness" instruction and plaintiff's non-Illinois Pattern Jury Instruction (IPI) regarding a railroad's duty at an obscured crossing, and (8) the jury's verdict is against the manifest weight of the evidence. We affirm.

I.

On September 1, 1994, at approximately 7 p.m. in clear weather, decedent was driving her Ford Bronco toward her residence, southbound along a private farm road owned by the Fritzsches. A collision occurred at a railroad crossing where defendant's railroad tracks intersect with the farm road.

The train was operated by engineer Donald Cain, who was making his regular run from Villa Grove, Illinois, to St. Louis, Missouri. The train was traveling westward at 60 miles per hour toward the crossing. Cain first saw the Bronco when its front end was coming onto the first rail. At that point the train was 100 to 150 feet from the Bronco. The train struck the Bronco, killing Carol Fritzsche.

A cornfield with fully grown corn was on the left side of the road approaching the crossing. Between the edge of the cornfield and the crossing there were weeds and trees. The farm road intersects the railroad right-of-way at a 55-degree angle. One attempting to cross the tracks would have to turn and look back over their shoulder to see to the left. The grade line of the approach to the crossing is steep, and the surface was covered with loose rock. Decedent frequently used the crossing.

Just prior to the accident, decedent and her brother were at Strotsie's Tavern. According to various witnesses, decedent consumed two to three beers between 6 p.m. and 6:30 p.m. The witnesses drinking with decedent testified that they did not notice any signs of intoxication before decedent left the tavern at 6:30 p.m. It takes between two and four minutes to get from the tavern to the farm crossing. The Madison County Coroner's Office took a blood sample from decedent at 10:38 p.m. on the day of the accident. The blood sample was sent to the St. Louis County Medical Examiner's Office on September 6, 1994. On September 13, 1994, the toxicology lab issued its report stating that decedent's blood-alcohol content was .291, nearly three times the legal limit. Dr. Christopher Long, who signed the toxicology lab report, testified that decedent would have had to have the equivalent of 12 to 15 beers in her blood system at the time of her death to attain a blood-alcohol content of .291. Dr. Long testified that this level of blood-alcohol content would have significantly impaired decedent's perception and reaction time in operating her vehicle. On February 25, 1997, plaintiff filed his amended complaint pursuant to the Act. Count I alleged that defendant was negligent in failing to give notice of the approach of the train by ringing a bell, sounding a whistle, or blowing a horn and in failing to reduce the speed of the train. Count II alleged that defendant was contractually bound to maintain the crossing so as to permit the easy passing of teams (of mules) and to have a grade of less than 8%. Count II alleged that decedent's travel over the crossing was impaired due to defendant's default in maintaining the crossing.

On February 20, 1997, the jury returned a verdict in favor of plaintiff on both counts, awarding plaintiff $4,300,000. The verdict was reduced by 25% to $3,225,000 for decedent's contributory negligence. Defendant's posttrial motions were denied. Defendant appeals.

Due to the many issues defendant raises, additional facts will be presented as needed for the disposition of this matter.

II.

Defendant initially contends that plaintiff's negligence allegations in count I, to the extent that they allege excessive speed, are preempted by federal law. See CSX Transportation, Inc. v. Easterwood, 507 U.S. 658, 123 L. Ed. 2d 387, 113 S. Ct. 1732 (1993), aff'd 933 F.2d 1548 (1991). However, we need not reach this question.

In count I of his amended complaint, plaintiff also alleges that defendant failed to give notice of the approach of the train to the crossing, a place of known or reasonably apprehended danger by reason of the grade, obstructions to the view, and the angle of the intersection. These claims were not specifically preempted by the Supreme Court in Easterwood. In Easterwood the Supreme Court declined to address the question of the preemptive effect of the Federal Railroad Safety Act of 1970 (Safety Act) (45 U.S.C.