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OLANIYAN v. CSX TRANSP.

No. 04 C 5827.

419 F.Supp.2d 1009 (2006)

Zacheaus OLANIYAN, As Special Administrator of the Estate of Bolutife Olaniyan, Deceased, Plaintiff, v. CSX TRANSPORTATION and Anthony Stall, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

March 9, 2006.

Attorney(s) appearing for the Case

Benjamin Obi Nwoye, Mendoza & Nwoye, P.C., A. Denison Weaver, A. Denison Weaver, Ltd., Chicago, IL, for Plaintiff.

Harold Abrahamson, Scott R. Bilse, Abrahamson, Reed & Adley, Hammond, IN, for Defendants.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

On Sunday September 14, 2003 Bolutife Olaniyan was struck and killed by a freight train owned by defendant CSX Transportation ("CSX") at approximately 8:55 a.m. At the time of his death, Bolutife Olaniyan was five years old and lived with his mother and sister in a basement apartment at 4517 Baring Avenue in East Chicago, Indiana. The apartment was located approximately one half block from the train...

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