On October 19, 2007, an employee of BNSF Railway was driving a vehicle during the course of his employment which collided with a vehicle driven by Kenneth Lough. Lough died 22 months later, on August 11, 2009, and the executor of his estate brought a wrongful death lawsuit against BNSF.
Lough’s death certificate listed the cause of death as congestive heart failure, with an onset of two months, secondary to chronic obstructive pulmonary disease (COPD). Kenneth was first treated for COPD in 1979. The trial court granted the defendants’ joint motion for summary judgment because plaintiff failed to present sufficient evidence that the car crash caused Kenneth’s death. Plaintiff appealed to the Illinois Appellate Court for the Third District.
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