David D. Pearman, as Administrator of the Estate of Tamra S. Pearman, Deceased v. Norfolk & Western Railway Company, a Railroad Corporation

KANNE, Circuit Judge.

During the evening of March 25, 1989, at approximately 8:20 p.m., Tamra Pearman was driving her pickup truck on a highway in Vermilion County, Illinois. One of the Norfolk & Western Railway Company’s trains was stopped in such a manner that a black tanker car came to rest blocking the grade crossing where the highway on which she was travelling crossed the tracks. The pickup truck collided with the tanker car at .that grade crossing and Mrs. Pearman was killed.

This case involves a tort doctrine, relatively ancient in origin, which was recently reaffirmed by the Illinois…