The opinion of the court was delivered by: Foreman, District Judge
Before the Court is plaintiffs' motion to remand (Doc.12). Defendant has filed a response (Doc. 14) and plaintiffs have filed a reply (Doc. 16). This motion is discussed below.
The following allegations are from plaintiffs' complaint. On or about April 3, 2006, Phillip Kuntz was driving southbound on Lazy W Road in Perry County, Illinois. At some point, his vehicle was struck by one of defendant's trains and he was seriously injured.
Plaintiffs have brought a two-count complaint for negligence, (Count I), and for loss of consortium (Count II). Plaintiffs allege that defendant:
1) negligently failed to adequately maintain its crossing in that it failed to keep its right away reasonably clear of brush, shrubbery, trees and weeds, in violation of 625 ILCS 5/18c-7401(1)(3) and 92 ILAC sec. 1535.205;
2) negligently failed to adequately access motorists' sight lines for approaching trains;
3) negligently failed to adequately maintain the cross bucks;
4) negligently failed to equip the crossing with additional signage after receiving an Illinois Commerce Commission recommendation to do so;
5) negligently failed to adequately maintain its crossing due to presence of loose gravel and pot holes;
6) negligently failed to adequately warn motorists of approaching trains;
7) negligently failed to stop or slow its train in a manner to avoid the accident;
8) negligently failed to sound a proper warning; and
9) negligently failed to maintain a proper lookout. ...