Jacobs v. Union Pacific Railroad

The defendant, Union Pacific Railroad Company, appeals from a circuit court order granting a new trial to plaintiff under Rule 306(a)(1) (155 Ill. 2d R. 306(a)(1)). We reverse.

In March 1992, Gary Jacobs and his minor son, Benjamin, were driving their pickup truck to market with a trailer of hogs in tow. Upon crossing a railroad grade intersection in Shelby County, the truck collided with defendant’s train. Gary Jacobs died as a result of injuries sustained in the accident.

Gary Jacobs’ surviving spouse, Sheila Jacobs, filed suit on behalf of herself, the estate of Gary Jacobs, and the couple’s…