Lubbers v. Norfolk & Western Railway Co.

On August 12, 1977, plaintiff filed suit against defendant, Norfolk & Western Railway Company, in the circuit court of Macon County, seeking damages for injuries he suffered when a truck he was driving was struck by one of defendant’s trains on July 20, 1977. On December 5, 1979, that court entered judgment on a verdict in favor of defendant. On appeal, this court affirmed. (Lubbers v. Norfolk & Western Ry. Co. (1980), 89 Ill. App. 3d 1205 (Rule 23 order).) On September 15, 1982, plaintiff filed a petition under section 2 — 1401 of the Code of Civil Procedure (Ill. Rev. Stat. 1981, ch. 110,…