Benckendorf v. Burlington Northern Railroad

In this personal injury action we allowed an interlocutory appeal by permission pursuant to Supreme Court Rule 308 (87 Ill. 2d R. 308(a)) from an order of the circuit court denying a motion by defendant-counterplaintiff-counterdefendant Burlington Northern Railroad to strike the counterclaim of defendant-counterplaintiff-counterdefendant Dennis M. Lee. The trial court certified the following question for resolution:

“Whether Ill. Rev. Stat., ch. 83, sec. 15 and sec. 18 bars defendant Lee’s counterclaim against defendant, Burlington Northern, which counterclaim was filed, without leave of…