Castro v. Chicago, Rock Island & Pacific Railroad

The plaintiff, Frank Castro, Jr., filed a three-count complaint in the circuit court of Peoria County against defendant, Chicago, Rock Island and Pacific Railroad Company, under the Federal Employers’ Liability Act (FELA) (45 U.S.C. sec. 51 et seq. (1976)). The trial court granted defendant’s motion to dismiss counts I and II on the basis of release. Plaintiff’s motions for rehearing were denied. The appellate court reversed, finding that the trial court abused its discretion by failing to grant plaintiff’s second motion for rehearing. (81 Ill. App. 3d 233.) We granted defendant’s petition…