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Kuntz v. Illinois Central Railroad Co.

November 15, 2006

PHILLIP S. KUNTZ AND FRANCES J. KUNTZ, PLAINTIFFS,
v.
ILLINOIS CENTRAL RAILROAD COMPANY, A/K/A/ CANADIAN NATIONAL/ILLINOIS CENTRAL RAILROAD, DEFENDANT.



The opinion of the court was delivered by: Foreman, District Judge

MEMORANDUM AND ORDER

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.

I. Background

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. ...


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