Pence v. Northeast Illinois Regional Commuter Railroad Corporation

Plaintiff, Donald Pence, appeals the circuit court’s order granting summary judgment in favor of the defendant, Northeast Illinois Regional Commuter Railroad Corporation (Metra). Plaintiff sought recovery for injuries caused as a result of tripping on the railroad tracks at a grade-level crossing near the Midlothian, Illinois, Metra station. After initially denying Metra’s motion for summary judgment, the circuit court granted the motion upon reconsideration, finding that Metra did not owe Pence a duty because he was not a passenger and the alleged defect was de minimis. For the reasons that…