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LIEPELT v. NORFOLK & WESTERN RY. CO.

No. 77-677.

62 Ill. App.3d 653 (1978)

378 N.E.2d 1232

KANDYTHE J. LIEPELT, Adm'r of the Estate of Delroy Liepelt, Deceased, Plaintiff-Appellee, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Opinion filed July 5, 1978.

Attorney(s) appearing for the Case

Charles F. White, Robert L. Landess, and Tobin M. Richter, all of Chicago (Ross, Hardies, O'Keefe, Babcock & Parsons, of counsel), for appellant.

Karlin & Fleisher, of Chicago (Sidney Z. Karasik and Gary E. Dienstag, of counsel), for appellee.

Baker & McKenzie, of Chicago (Francis D. Morrissey and John T. Rank, of counsel), for amici curiae The Atchison, Topeka and Santa Fe Railway Company, The Belt Railway Company of Chicago, Burlington Northern, Chessie System and Chicago, Milwaukee, St. Paul and Pacific Railroad Company.

Edward J. Kionka, of Carbondale, and Edward I. Pollock, of Los Angeles, California, for amicus curiae The Association of Trial Lawyers of America.

Judgment affirmed.

Mr. PRESIDING JUSTICE GOLDBERG delivered the opinion of the court:

Kandythe Liepelt (plaintiff), as administrator of the estate of her husband, Delroy Liepelt, deceased, brought this action under the Federal Employers' Liability Act to recover damages from his employer, Norfolk and Western Railway Company (defendant), for his death in the course of duty. A jury awarded plaintiff $775,000. Defendant appeals.

Defendant contends that...

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