Jimenez v. Chicago & Illinois Western Railroad

Mr. PRESIDING JUSTICE GOLDBERG

delivered the opinion of the court:

Francisca Jimenez (plaintiff), in her capacity as administrator of the estate of Jose Jimenez, deceased, brought an action for wrongful death against the Chicago & Illinois Western Railroad (defendant) and the city of Chicago. Defendant’s motion to strike and dismiss the complaint was granted with prejudice by the trial court. Plaintiff appeals.

On November 15, 1976, at approximately 1:30 a.m., a motor vehicle driven by Jose Jimenez collided with the support pillars of a railroad line bridge. The bridge was located in the city of…