EAST ST. LOUIS – Amtrak, Illinois Central, and the family of a man who died at a railroad crossing settled a suit that was scheduled for trial starting on Sept. 11.
Plaintiff Amberly Gaudreau, mother of Cody Robertson, signed an agreement on Sept. 12 to receive a third of the settlement.
Father James Robertson and sister Courtney Robertson each signed to receive a third.
Gaudreau’s counsel Nathaniel Brown of Belleville stated in a settlement motion that the parties reached agreement through mediation.
Robertson, a Marion resident, drove across a private rail crossing in Jackson County in 2017 and delivered truck parts to trash business Ed Burris Disposal.
He returned to the crossing where an Amtrak engine hit his vehicle at full speed.
Gaudreau sued Amtrak, Illinois Central, and Ed Burris Disposal in 2019.
McGlynn denied summary judgment to defendants in August.
He found Amtrak presented no evidence or argument that it didn’t breach a duty regarding the dangerous condition of the crossing.
He found Gaudreau pointed to evidence of previous accidents and near misses that might have alerted Amtrak to the danger.
He rejected Illinois Central’s argument that the hazard was open and obvious.
He found Ed Burris Disposal’s duty to warn invitees of latent or concealed perils extended beyond its boundaries because it provided the only means of ingress and egress.
On Sept. 5, the parties filed 30 motions to limit evidence and testimony.
On Sept. 6, Gaudreau and Ed Burris Disposal settled for $250,000.
McGlynn heard argument on all motions Friday, Sept. 8, and stated he’d issue an order.
When Sept. 11 came, he didn’t issue the order, and he didn’t start the trial.
Mark Kunz of Boyle Brasher in Belleville represented Amtrak and Illinois Central.
Brown’s settlement motion didn’t identify the successful mediator.