Dunn v. Baltimore & Ohio Railroad

On October 29, 1983, at approximately 9:30 p.m., Lyle E. Dunn, operating a motorcycle, collided with the side of a railroad car stopped at a crossing and was killed. His parents, Arley Dunn and Nada Lou Dunn (plaintiffs), filed an eight-count third amended complaint against defendant Baltimore & Ohio Railroad Company, alleging negligence and wilful and wanton conduct. The circuit court of Douglas County allowed defendant’s motion to dismiss the third amended complaint and dismissed the complaint with prejudice. The appellate court, one justice dissenting in part, affirmed in part and reversed…