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Remote Court date: 8/24/2022 9:30 AM
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS FILED
COUNTY DEPARTMENT, LAW DIVISION 6/21/2022 12:38 PM
IRIS Y. MARTINEZ
Josephine Klonowski, as Special Administrator of Estate of Christina Lopez, Dec. CIRCUIT CLERK
___________________________________________________________
COOK COUNTY, IL
FILED DATE: 6/21/2022 12:38 PM 2022L005561

2022L005561
Calendar, R
v. 18364746
2022L005561
Northeast Illinois Regional Commuter Railroad Corp d/b/a METRA et al.
___________________________________________________________ No. ______________________________

CIVIL ACTION COVER SHEET - CASE INITIATION

A Civil Action Cover Sheet - Case Initiation shall be filed with the
complaint in all civil actions. The information contained herein
is for administrative purposes only and cannot be introduced into
evidence. Please check the box in front of the appropriate case
type which best characterizes your action. Only one (1) case type
may be checked with this cover sheet.
Jury Demand  ■ Yes  No

PERSONAL INJURY/WRONGFUL DEATH

CASE TYPES: (FILE STAMP)
 027 Motor Vehicle COMMERCIAL LITIGATION
 040 Medical Malpractice
CASE TYPES:
 047 Asbestos
 002 Breach of Contract
 048 Dram Shop
 070 Professional Malpractice
 049 Product Liability
(other than legal or medical)
 051 Construction Injuries
 071 Fraud (other than legal or medical)
(including Structural Work Act, Road
 072 Consumer Fraud
Construction Injuries Act and negligence)
 073 Breach of Warranty
 052 Railroad/FELA
 074 Statutory Action
 053 Pediatric Lead Exposure
(Please specify below.**)
 061 Other Personal Injury/Wrongful Death
 075 Other Commercial Litigation
 063 Intentional Tort
(Please specify below.**)
 064 Miscellaneous Statutory Action
 076 Retaliatory Discharge
(Please Specify Below**)
 065 Premises Liability
OTHER ACTIONS
 078 Fen-phen/Redux Litigation
 199 Silicone Implant CASE TYPES:
 062 Property Damage
TAX & MISCELLANEOUS REMEDIES  066 Legal Malpractice
CASE TYPES:  077 Libel/Slander
 007 Confessions of Judgment  079 Petition for Qualified Orders
 008 Replevin  084 Petition to Issue Subpoena
 009 Tax  100 Petition for Discovery
 015 Condemnation ** ___________________________________________________
 017 Detinue
_____________________________________________________
 029 Unemployment Compensation
 031 Foreign Transcript sjambois@Kjs-law.com
Primary Email: _________________________________________
 036 Administrative Review Action
 085 Petition to Register Foreign Judgment clivas@kjs-law.com
Secondary Email: _______________________________________
 099 All Other Extraordinary Remedies
Steven K. Jambois (Firm ID 24797)
By: _______________________________________________ lmerced@kjs-law.com
Tertiary Email: _________________________________________
(Attorney) (Pro Se)

Pro Se Only:  I have read and agree to the terms of the Clerk’s O ice Electronic Notice Policy and choose to opt in to electronic notice
form the Clerk’s Office for this case at this email address: ______________________________________________________________

IRIS Y. MARTINEZ, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

Page 1 of 1
 FILED
6/21/2022 12:38 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
2022L005561
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS Calendar, R
COUNTY DEPARTMENT, LAW DIVISION
FILED DATE: 6/21/2022 12:38 PM 2022L005561

JOSEPHINE KLONOWSKI, as )
Special Administrator of the Estate of )
CHRISTINA LOPEZ, Deceased, )
)
Plaintiff, ) 2022L005561
) No.
v. )
) JURY TRIAL DEMANDED
NORTHEAST ILLINOIS REGIONAL )
COMMUTER RAILROAD CORPORATION )
d/b/a METRA, BNSF RAILWAY COMPANY, )
DEL’S MOVING, INC. d/b/a DEL’S MOVING )
& STORAGE, and SABRIJA CUBIC, )
)
Defendants. )

COMPLAINT AT LAW

NOW COMES the Plaintiff, JOSEPHINE KLONOWSKI, as Special Administrator of the

Estate of CHRISTINA LOPEZ, Deceased, by and through her attorneys, Kralovec, Jambois &

Schwartz, and complaining of the defendants, NORTHEAST ILLINOIS REGIONAL

COMMUTER RAILROAD CORPORATION d/b/a METRA, BNSF RAILWAY COMPANY,

DEL’S MOVING, INC. d/b/a DEL’S MOVING & STORAGE, and SABRIJA CUBIC, Plaintiff

states as follows:

GENERAL ALLEGATIONS COMMON TO ALL COUNTS

1. On May 11, 2022, Defendant DEL’S MOVING, INC. d/b/a DEL’S MOVING &

STORAGE (hereinafter “DEL’S MOVING”) was a corporation duly registered and licensed to do

business under the laws of the State of Illinois.

2. On May 11, 2022, Defendant DEL’S MOVING was a motor carrier which

provided moving, storage, and 3rd party logistics services to residential and commercial customers

throughout the City of Chicago, throughout Cook County, and in some Chicagoland suburbs.

1
 3. On and prior to May 11, 2022, Defendant DEL’S MOVING conducted extensive

business throughout Cook County and maintained at least four (4) offices in Cook County,
FILED DATE: 6/21/2022 12:38 PM 2022L005561

including its principal place of business located at 5430 Dansher Road in Countryside, in addition

to its offices at 4918 N. Monitor Avenue in Chicago, 9500 W. Ogden Avenue in Brookfield, and

30 Beach Avenue in LaGrange.

4. On May 11, 2022, Defendant SABRIJA CUBIC was a resident of Cook County,

Illinois.

5. On May 11, 2022, Defendant CUBIC was an employee, servant, and/or agent,

whether actual or apparent, of DEL’S MOVING, driving at all times under DEL’S MOVING’s

Department of Transportation (DOT) authority and DOT number.

6. On May 11, 2022, and at all times referenced herein, Defendant Northeast Illinois

Regional Commuter Railroad Corporation d/b/a METRA (hereinafter “METRA”) was a

corporation duly registered and licensed to do business under the laws of the State of Illinois with

its principal place of business located at 547 W. Jackson Boulevard, Chicago, Illinois 60661.

7. On May 11, 2022, and at all times referenced herein, Defendant METRA was a

common carrier in the business of transporting passengers by rail between Chicago and various

municipalities throughout northeastern Illinois, including a line designated as the METRA BNSF

Line which operates between Aurora, Illinois and Chicago, Illinois.

8. On May 11, 2022, and at all times referenced herein, Defendant BNSF RAILWAY

CO. was a Delaware corporation with its principal place of business in Fort Worth, Texas which

was a common carrier that owned and operated trains, railways, rights of way, and grade crossings

in Cook County and throughout Illinois.

2
 9. On May 11, 2022, and at all times referenced herein, Defendant BNSF RAILWAY

CO. maintained various facilities and railyards within Cook County, including but not limited to,
FILED DATE: 6/21/2022 12:38 PM 2022L005561

5601 W. 26th Street, Cicero, IL 60804; 5275 W. 26th Street, Cicero, IL 60804; and 5010 Ogden

Avenue, Cicero, IL 60804.

10. On May 11, 2022, and at all times referenced herein, BNSF RAILWAY CO.

owned, operated, managed, controlled, and maintained a certain railway consisting of three (3)

parallel sets of railroad tracks which ran in a generally east and west direction between Chicago,

Illinois and Aurora, Illinois, over which METRA’s BNSF Line trains travelled.

11. On May 11, 2022, and at all times referenced herein, Prospect Avenue was a public

roadway in Clarendon Hills, Illinois which ran in a generally north and south direction which

intersected and crossed the aforesaid railway owned by Defendant BNSF RAILWAY CO.

12. On May 11, 2022, and at all times referenced herein, BNSF RAILWAY CO.

owned, operated, managed, controlled, and maintained a railway crossing, bearing DOT Crossing

No. 079529S, at Prospect Avenue in Clarendon Hills, Illinois (the “Prospect Avenue Crossing”).

13. On May 11, 2022, BNSF RAILWAY CO. operated and controlled a certain

commuter rail train, METRA Train #1242, travelling on the METRA BNSF Line.

14. On May 11, 2022, METRA Train #1242 was an inbound train along the METRA

BNSF Line, operating in push-pull configuration and consisting of two (2) cab cars at the front of

the train, followed by four (4) passenger cars, followed by a locomotive at the rear of the train.

15. On May 11, 2022, METRA owned, managed, and maintained METRA Train

#1242, including all locomotives and passenger cars of said train.

16. On May 11, 2022, upon information and belief, METRA and BNSF were party to

a Purchase of Service Agreement (“PSA”) for the METRA BNSF Line. Upon information and

3
 belief, METRA owned, managed, and maintained the rolling stock – namely the locomotives and

train cars – while BNSF owned the railways, the rights-of-way, and operated the trains with BNSF
FILED DATE: 6/21/2022 12:38 PM 2022L005561

employees. Upon information and belief, METRA was responsible for all commuter passenger

ticket sales at Chicago Union Station, including for the METRA BNSF Line.

17. On May 11, 2022, the Decedent, CHRISTINA LOPEZ, was a fare-paying

passenger onboard METRA BNSF Line Train #1242.

18 On May 11, 2022, METRA Train #1242 was scheduled to depart Aurora, Illinois

at 7:29 a.m., make all local stops along METRA’s BNSF Line, and arrive to Chicago Union Station

at 08:52 a.m.

19. On May 11, 2022, METRA Train #1242 was the subject of a last-minute schedule

change which required Train #1242 to originate at Downers Grove Main Street Station rather than

the Aurora METRA Station, and required train #1242 to travel express from Downers Grove

Fairview Avenue Station to LaGrange Road Station.

20. On May 11, 2022, METRA Train #1242 became an express train from Downers

Grove Fairview Avenue, which required it bypass stations in Westmont, Clarendon Hills, West

Hinsdale, Hinsdale, Highlands, Western Springs, and LaGrange Stone Avenue, without stopping.

21. On May 11, 2022, Defendant CUBIC was driving a 2004 International commercial

box truck owned by DEL’S MOVING, in a northerly direction on Prospect Avenue in Clarendon

Hills, Illinois near the Prospect Avenue crossing.

22. On May 11, 2022, the DEL’S MOVING truck was on the southernmost tracks of

the Prospect Avenue crossing while the warning lights and gates were activated.

23. On May 11, 2022, as METRA Train #1242 approached the Prospect Avenue

crossing, Defendant CUBIC exited the DEL’S MOVING truck while it remained on the tracks.

4
 24. On May 11, 2022, the Decedent, CHRISTINA LOPEZ, was seated on METRA

Train #1242 in the rear aspect of the lead cab car.

FILED DATE: 6/21/2022 12:38 PM 2022L005561

25. On May 11, 2022, METRA Train #1242 struck the front left aspect of the DEL’S

MOVING truck.

26. The force of the collision was such that the DEL’S MOVING truck was rapidly

rotated clockwise, resulting in the rear of the truck striking the rear aspect of the lead cab car where

the Decedent, CHRISTINA LOPEZ, was seated.

27. As a result of the collision, the Decedent, CHRISTINA LOPEZ, was ejected

through a window in the rear aspect of the lead cab car.

28. On May 11, 2022, CHRISTINA LOPEZ was pronounced deceased at the scene of

the collision.

29. On May 11, 2022, the Plaintiff’s Decedent, CHRISTINA LOPEZ, was in the

exercise of due care and caution for her own safety.

30. An Order appointing JOSEPHINE KLONOWSKI as the Special Administrator of

the Estate of CHRISTINA LOPEZ, Deceased, has been entered by the Circuit Court of Cook

County in accordance with 740 ILCS 180/2.1. A copy of the aforesaid Order is attached hereto as

Exhibit A. Plaintiff brings this action pursuant to the provisions of 740 ILCS 180/1, et. seq.

commonly known as the Illinois Wrongful Death Act.

5
 COUNT I – NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD
CORPORATION d/b/a METRA
(Wrongful Death)
FILED DATE: 6/21/2022 12:38 PM 2022L005561

NOW COMES the Plaintiff, JOSEPHINE KLONOWSKI, as Special Administrator of the

Estate of CHRISTINA LOPEZ, Deceased, by and through her attorneys, Kralovec, Jambois &

Schwartz, and complaining of the defendant, NORTHEAST ILLINOIS REGIONAL

COMMUTER RAILROAD CORPORATION d/b/a METRA (hereinafter “METRA”), Plaintiff

states as follows:

1-30. Plaintiff hereby re-alleges paragraphs 1-30 of General Allegations, above, as

paragraphs 1-30 of this Count I, as though fully set forth herein.

31. On and prior to May 11, 2022, the Prospect Avenue crossing was under

construction.

32. On April 26, 2022, the Village of Clarendon Hills issued a public notice of lane

closures at the Prospect Avenue crossing which specifically warned that traffic delays at the

crossing will occur and urged residents to avoid the crossing to help ease traffic backups.

33. On and prior to May 11, 2022, METRA knew or should have known of ongoing

construction, lane closures, traffic delays, and traffic backups at the Prospect Avenue crossing.

34. On and prior to May 11, 2022, METRA knew or should have known that other

vehicles had been stuck or impeded on the tracks at the Prospect Avenue crossing.

35. On and prior to May 11, 2022, METRA knew or should have known of uneven

pavement and grade conditions at the Prospect Avenue crossing.

36. On and prior to May 11, 2022, METRA knew or should have known that near-miss

and/or near-hit events had occurred at the Prospect Avenue crossing.

6
 37. On and prior to May 11, 2022, given the unsafe condition of the Prospect Avenue

crossing, including but not limited to the ongoing construction, traffic delays and backups, lane
FILED DATE: 6/21/2022 12:38 PM 2022L005561

narrowing, other vehicles stuck or impeded on the tracks, uneven pavement and grade condition,

and near misses and/or near hits, METRA knew or should have known that the Prospect Avenue

crossing constituted a particular hazard to the public and to passing trains, including Train #1242

and its passengers.

38. On and prior to May 11, 2022, METRA should have instructed, educated, trained,

communicated, and/or informed the operators of its trains to approach the Prospect Avenue

crossing with caution.

39. On and prior to May 11, 2022, METRA should have instructed, educated, trained,

communicated, and/or informed the operators of its trains to be on the lookout for stuck or impeded

vehicles on the tracks at the Prospect Avenue crossing.

40. On and prior to May 11, 2022, METRA should have instructed, educated, trained,

communicated, and/or informed the operators of its trains to immediately slow trains approaching

the Prospect Avenue crossing when vehicles were visible on the tracks.

41. On May 11, 2022, upon information and belief, METRA did not communicate to

the operators of its trains, including Train #1242, any of the conditions that existed at the Prospect

Avenue crossing.

42. On May 11, 2022, upon information and belief, METRA did not communicate the

true condition of the Prospect Avenue crossing to the operators of its trains, including Train #1242.

43. On and prior to May 11, 2022, Defendant METRA, by and through its employees,

servants, or agents, whether actual or apparent, had a duty to operate, inspect, manage, maintain,

7
 and repair the railcars and locomotives that comprised METRA Train #1242 in a reasonable and

safe manner so as not to cause injury to its passengers, including CHRISTINA LOPEZ.
FILED DATE: 6/21/2022 12:38 PM 2022L005561

44. On and prior to May 11, 2022, Defendant METRA by and through its employees,

servants, or agents, whether actual or apparent, had a duty to comply with Federal regulations and

safety standards, as well as its own internal policies, procedures, rules, plans, and/or standards.

45. On and prior to May 11, 2022, Defendant METRA by and through its employees,

servants, or agents, whether actual or apparent, was a common carrier and owed its passenger,

CHRISTINA LOPEZ, the highest degree of care.

46. Defendant, METRA, by and through its employees, servants, and/or agents,

whether actual or apparent, was negligent in one or more of the following ways:

a. Failed to instruct, educate, train, communicate, and/or inform operators of

its trains to expect vehicles on the tracks at the Prospect Avenue crossing;

b. Failed to instruct, educate, train, communicate, and/or inform operators of

its trains to approach the Prospect Avenue crossing with caution;

c. Failed to instruct, educate, train, communicate, and/or inform operators of

its trains of the Prospect Avenue conditions that existed on and prior to May
11, 2022, including but not limited to ongoing construction, traffic delays
and backups, lane narrowing, other vehicles stuck or impeded upon the
tracks, uneven pavement and grade condition, near misses and/or near hits;

d. Failed to implement a slow-order, speed restriction, flaggers, or any other

movement restriction for trains crossing through the Prospect Avenue
crossing on the morning of May 11, 2022;

e. Failed to recognize track hazards at the Prospect Avenue crossing on and

prior to May 11, 2022;

f. Failed to properly communicate track hazards at the Prospect Avenue

crossing;

g. Failed to monitor near misses or near hits at the Prospect Avenue crossing;

h. Failed to appreciate the significance of near misses or near hits at the

Prospect Avenue crossing;

8
 i. Failed to timely and/or properly inspect the Prospect Avenue crossing prior
to May 11, 2022;
FILED DATE: 6/21/2022 12:38 PM 2022L005561

j. Failed to consider the hazardous conditions at the Prospect Avenue crossing

before changing METRA Train #1242 from a local to an express train;

k. Failed to properly maintain the rail cars and locomotives in a safe condition
for the operation of passenger trains;

l. Failed to properly train its agents and/or employees in the safe operation,
inspection, maintenance, and/or repair of the railcars and engines;

m. Inadequately reacted to a visible vehicle on the tracks at the Prospect

Avenue crossing;

n. Failed to timely activate the brake systems in response to a visible vehicle

on the tracks at the Prospect Avenue crossing;

o. Applied insufficient brake power in response to a visible vehicle on the

tracks at the Prospect Avenue crossing;

p. Failed to timely apply the emergency brakes after it was apparent that the
vehicle would not heed the warning signals;

q. Failed to exercise due care to avoid a collision;

r. Failed to adequately maintain, repair, and/or inspect the windows of its

rolling stock, including but not limited to, the windows of METRA Cab Car
No. 8473;

s. Failed to comply with its own internal policies, procedures, rules, plans,
and/or standards;

t. Failed to comply with applicable federal regulations, orders, and/or

standards;

47. As a direct and proximate result of one or more of the foregoing acts or omissions

of the Defendant METRA, the decedent, CHRISTINA LOPEZ, suffered serious injuries which

resulted in her premature death.

48. At the time of her death, the Decedent, CHRISTINA LOPEZ, was survived by her

three adult daughters: America Moyeno, Olivia Christopher, and Josephine Klonowski, each of

9
 whom has suffered significant losses of a personal and pecuniary nature, grief, sorrow, emotional

anguish, and the loss of affection, companionship, and society of the Decedent, as a result of her
FILED DATE: 6/21/2022 12:38 PM 2022L005561

death.

WHEREFORE, the Plaintiff, JOSEPHINE KLONOWSKI, as Special Administrator of the

Estate of CHRISTINA LOPEZ, Deceased, prays for judgment against the Defendant, METRA, in

such an amount in excess of this Court’s jurisdictional requisite to fully and fairly compensate the

Estate for all losses compensable under the terms of the Wrongful Death Act.

COUNT II – BNSF RAILWAY COMPANY

(Wrongful Death)

NOW COMES the Plaintiff, JOSEPHINE KLONOWSKI, as Special Administrator of the

Estate of CHRISTINA LOPEZ, Deceased, by and through her attorneys, Kralovec, Jambois &

Schwartz, and complaining of the defendant, BNSF RAILWAY COMPANY, Plaintiff states as

follows:

1-30. Plaintiff hereby re-alleges paragraphs 1-30 of General Allegations, above, as

paragraphs 1-30 of this Count II, as though fully set forth herein.

31. Upon information and belief, on May 11, 2022, METRA Train #1242 was operated

BNSF RAILWAY COMPANY (“BNSF”) employees.

32. Defendant BNSF, owned, operated, maintained, supervised, and/or controlled the

railroad tracks over which METRA Train #1242 traveled on May 11, 2022.

33. On and prior to May 11, 2022, the Prospect Avenue crossing in Clarendon Hills,

Illinois was under construction.

34. On and prior to May 11, 2022, BNSF knew or should have known of ongoing

construction, lane closures, traffic delays, and traffic backups at the Prospect Avenue crossing.

10
 35. On April 26, 2022, the Village of Clarendon Hills issued a public notice of lane

closures at the Prospect Avenue crossing which specifically warned that traffic delays at the
FILED DATE: 6/21/2022 12:38 PM 2022L005561

crossing will occur and urged residents to avoid the crossing to help ease traffic backups.

36. On and prior to May 11, 2022, BNSF knew or should have known that other

vehicles had been stuck or impeded on the tracks at the Prospect Avenue crossing.

37. On and prior to May 11, 2022, BNSF knew or should have known of uneven

pavement and grade conditions at the Prospect Avenue crossing.

38. On and prior to May 11, 2022, BNSF knew or should have known that near miss

and/or near hit events had occurred at the Prospect Avenue crossing.

39. On and prior to May 11, 2022, given the unsafe condition of the Prospect Avenue

crossing, including but not limited to the ongoing construction, traffic delays and backups, lane

narrowing, other vehicles stuck or impeded on the tracks, uneven pavement and grade condition,

and near misses and/or near hits, BNSF knew or should have known that the Prospect Avenue

crossing constituted a particular hazard to the public and to passing trains, including Train #1242

and its passengers.

40. On and prior to May 11, 2022, BNSF should have instructed, educated, trained,

communicated, and/or informed its employees to approach the Prospect Avenue crossing with

caution.

41. On and prior to May 11, 2022, BNSF should have instructed, educated, trained,

communicated, and/or informed its employees to be on the lookout for stuck or impeded vehicles

on the tracks at the Prospect Avenue crossing.

11
 42. On and prior to May 11, 2022, BNSF should have instructed, educated, trained,

communicated, and/or informed its employees to immediately slow trains approaching the
FILED DATE: 6/21/2022 12:38 PM 2022L005561

Prospect Avenue crossing when vehicles are visible on the tracks.

43. On May 11, 2022, upon information and belief, BNSF did not communicate to its

engineers any of the hazardous conditions that existed at the Prospect Avenue crossing.

44. On May 11, 2022, upon information and belief, BNSF did not communicate the

true condition of the Prospect Avenue crossing to its engineers.

45. On and prior to May 11, 2022, Defendant BNSF, by and through its employees,

servants, and/or agents, whether actual or apparent, had a duty to conduct their railroad operations

in a reasonable and safe manner so as not to cause injury to its passengers, including CHRISTINA

LOPEZ.

46. On and prior to May 11, 2022, Defendant BNSF, by and through its employees,

servants, or agents, whether actual or apparent, had a duty to comply with Federal regulations and

safety standards, as well as its own internal policies, procedures, rules, plans, and/or standards.

47. On and prior to May 11, 2022, Defendant BNSF by and through its employees,

servants, or agents, whether actual or apparent, was a common carrier and owed its passenger,

CHRISTINA LOPEZ, the highest degree of care.

48. Defendant, BNSF, by and through its employees, servants, and/or agents, whether

actual or apparent, was negligent in one or more of the following ways:

a. Failed to instruct, educate, train, communicate, and/or inform its engineers

to expect vehicles on the tracks at the Prospect Avenue crossing;

b. Failed to instruct, educate, train, communicate, and/or inform its engineers

to approach the Prospect Avenue crossing with caution;

c. Failed to instruct, educate, train, communicate, and/or inform its engineers

of the Prospect Avenue crossing conditions that existed on and prior to May

12
 11, 2022, including but not limited to ongoing construction, traffic delays
and backups, lane narrowing, other vehicles stuck or impeded upon the
tracks, uneven pavement and grade condition, near misses and/or near hits;
FILED DATE: 6/21/2022 12:38 PM 2022L005561

d. Failed to implement a slow-order, speed restriction, flaggers, or any other

movement restriction for trains crossing through the Prospect Avenue
crossing on the morning of May 11, 2022;

e. Failed to recognize track hazards that existed at Prospect Avenue on and

prior to May 11, 2022;

f. Failed to properly communicate track hazards at the Prospect Avenue

crossing;

g. Failed to monitor near misses or near hits at the Prospect Avenue crossing;

h. Failed to appreciate the significance of near misses or near hits at the

Prospect Avenue crossing;

i. Failed to timely and/or properly inspect the Prospect Avenue crossing prior
to May 11, 2022;

j. Failed to consider the hazardous conditions at the Prospect Avenue crossing

before changing Train #1242 from a local to an express train on May 11,
2022;

k. Failed to properly maintain the railway crossing in a safe condition for the
passage of automobiles;

l. Failed to properly maintain the railway in accordance with applicable

regulatory and/or industry standards;

m. Inadequately reacted to a visible vehicle on the tracks at the Prospect

Avenue crossing;

n. Failed to timely activate the braking systems in response to a visible vehicle

on the tracks at the Prospect Avenue crossing;

o. Applied insufficient brake power in response to a visible vehicle on the

tracks at the Prospect Avenue crossing;

p. Failed to stop or safely slow Train #1242;

q. Failed to properly supervise its employees in the proper maintenance and/or

monitoring of the railway and Prospect Avenue crossing;

13
 r. Failed to timely apply the emergency brakes after it was apparent that the
vehicle would not heed the warning signals;
FILED DATE: 6/21/2022 12:38 PM 2022L005561

s. Failed to exercise due care to avoid a collision;

t. Failed to comply with its own internal policies, procedures, rules, plans,
and/or standards;

u. Failed to comply with applicable federal regulations, orders, and/or

standards.

49. As a direct and proximate result of one or more of the foregoing acts or omissions

of the Defendant BNSF, the decedent, CHRISTINA LOPEZ, suffered serious injuries which

resulted in her premature death.

50. At the time of her death, the Decedent, CHRISTINA LOPEZ, was survived by her

three adult daughters: America Moyeno, Olivia Christopher, and Josephine Klonowski, each of

whom has suffered significant losses of a personal and pecuniary nature, grief, sorrow, emotional

anguish, and the loss of affection, companionship, and society of the Decedent, as a result of her

death.

WHEREFORE, the Plaintiff, JOSEPHINE KLONOWSKI, as Special Administrator of the

Estate of CHRISTINA LOPEZ, Deceased, prays for judgment against the Defendant, BNSF, in

such an amount in excess of this Court’s jurisdictional requisite to fully and fairly compensate the

Estate for all losses compensable under the terms of the Wrongful Death Act.

COUNT III – DEL’S MOVING, INC.

(Wrongful Death)

NOW COMES the Plaintiff, JOSEPHINE KLONOWSKI, as Special Administrator of the

Estate of CHRISTINA LOPEZ, Deceased, by and through her attorneys, Kralovec, Jambois &

Schwartz, and complaining of the defendant, DEL’S MOVING, INC. d/b/a DEL’S MOVING &

STORAGE (“DEL’S MOVING”), Plaintiff states as follows:

14
 1-30. Plaintiff hereby re-alleges paragraphs 1-30 of General Allegations, above, as

paragraphs 1-30 of this Count III, as though fully set forth herein.
FILED DATE: 6/21/2022 12:38 PM 2022L005561

31. On May 11, 2022, and at all times referenced herein, Defendant CUBIC was an

employee, servant, and/or agent, whether actual or apparent, of DEL’S MOVING and was acting

within the scope of said employment, service, and/or agency.

32. On May 11, 2022, it was the duty of the Defendant DEL’S MOVING, by and

through its employees, servants, and/or agents, whether actual or apparent, including SABRIJA

CUBIC, to exercise reasonable care in the operation of its vehicle so as not to cause injury or

damage to the public, including Plaintiff’s Decedent, CHRISTINA LOPEZ.

33. On May 11, 2022, in disregarding said duties, the Defendant, DEL’S MOVING, by

and through its employees, servants, and/or agents, whether actual or apparent, including

SABRIJA CUBIC, was then and there guilty of one or more of the following negligent acts and/or

omissions:

a. Operated the DEL’S MOVING International box truck (“the subject truck”)
without keeping a proper and sufficient lookout;

b. Failed to take evasive action to avoid a collision;

c. Failed to yield right-of-way to the oncoming train;

d. Proceeded into the bounds of the subject crossing without sufficient space
for the subject truck to clear the tracks;

e. Failed to maintain proper control the subject truck in light of the vehicle’s
proximity to the subject crossing.

34. As a direct and proximate result of one or more of the foregoing acts or omissions

of the Defendant DEL’S MOVING, the decedent, CHRISTINA LOPEZ, suffered serious injuries

which resulted in her premature death.

15
 35. At the time of her death, the Decedent, CHRISTINA LOPEZ, was survived by her

three adult daughters: America Moyeno, Olivia Christopher, and Josephine Klonowski, each of
FILED DATE: 6/21/2022 12:38 PM 2022L005561

whom has suffered significant losses of a personal and pecuniary nature, grief, sorrow, emotional

anguish, and the loss of affection, companionship, and society of the Decedent, as a result of her

death.

WHEREFORE, the Plaintiff, JOSEPHINE KLONOWSKI, as Special Administrator of the

Estate of CHRISTINA LOPEZ, Deceased, prays for judgment against the Defendant, DEL’S

MOVING, INC., in such an amount in excess of this Court’s jurisdictional requisite to fully and

fairly compensate the Estate for all losses compensable under the terms of the Wrongful Death

Act.

COUNT IV – SABRIJA CUBIC

(Wrongful Death)

NOW COMES the Plaintiff, JOSEPHINE KLONOWSKI, as Special Administrator of the

Estate of CHRISTINA LOPEZ, Deceased, by and through her attorneys, Kralovec, Jambois &

Schwartz, and complaining of the defendant, SABRIJA CUBIC (“CUBIC”), Plaintiff states as

follows:

1-30. Plaintiff hereby re-alleges paragraphs 1-30 of General Allegations, above, as

paragraphs 1-30 of this Count IV, as though fully set forth herein.

31. On May 11, 2022, and at all times referenced herein, Defendant CUBIC was an

employee, servant, and/or agent, whether actual or apparent, of DEL’S MOVING and was acting

within the scope of said employment, service, and/or agency.

32. On May 11, 2022, it was the duty of the Defendant, CUBIC, to exercise reasonable

care in the operation of his vehicle so as not to cause injury or damage to the public, including

Plaintiff’s Decedent, CHRISTINA LOPEZ.

16
 33. On May 11, 2022, in disregarding his duty, the Defendant, CUBIC, was then and

there guilty of one or more of the following negligent acts and/or omissions:
FILED DATE: 6/21/2022 12:38 PM 2022L005561

a. Operated the DEL’S MOVING International box truck (“the subject truck”)
without keeping a proper and sufficient lookout;

b. Failed to take evasive action to avoid a collision;

c. Failed to yield right-of-way to the oncoming train;

d. Proceeded into the bounds of the subject crossing without sufficient space
for the subject truck to clear the tracks;

e. Failed to maintain proper control the subject truck in light of the vehicle’s
proximity to the subject crossing.

34. As a direct and proximate result of one or more of the foregoing acts or omissions

of the Defendant CUBIC, the decedent, CHRISTINA LOPEZ, suffered serious injuries which

resulted in her premature death.

35. At the time of her death, the Decedent, CHRISTINA LOPEZ, was survived by her

three adult daughters: America Moyeno, Olivia Christopher, and Josephine Klonowski, each of

whom has suffered significant losses of a personal and pecuniary nature, grief, sorrow, emotional

anguish, and the loss of affection, companionship, and society of the Decedent, as a result of her

death.

WHEREFORE, the Plaintiff, JOSEPHINE KLONOWSKI, as Special Administrator of the

Estate of CHRISTINA LOPEZ, Deceased, prays for judgment against the Defendant, SABRIJA

CUBIC, in such an amount in excess of this Court’s jurisdictional requisite to fully and fairly

compensate the Estate for all losses compensable under the terms of the Wrongful Death Act.

17
 Respectfully submitted,

KRALOVEC, JAMBOIS & SCHWARTZ

FILED DATE: 6/21/2022 12:38 PM 2022L005561

/s/ Steven K. Jambois

Steven K. Jambois

Steven K. Jambois (sjambois@kjs-law.com)

Christopher S. Livas (clivas@kjs-law.com)
KRALOVEC, JAMBOIS & SCHWARTZ
60 W. Randolph Street, Suite 400
Chicago, IL 60601
(312) 782-2525
Firm ID: 24797

18
 FILED DATE: 6/21/2022 12:38 PM 2022L005561

Exhibit A
 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
FILED DATE: 6/21/2022 12:38 PM 2022L005561

JOSEPHINE KLONOWSKI, as )
Special Administrator of the Estate of )
CHRISTINA LOPEZ, Deceased, )
)
Plaintiff, )
) No.
v. )
) JURY TRIAL DEMANDED
NORTHEAST ILLINOIS REGIONAL )
COMMUTER RAILROAD CORPORATION )
d/b/a METRA, BNSF RAILWAY COMPANY, )
DEL’S MOVING, INC. d/b/a DEL’S MOVING )
& STORAGE, and SABRIJA S. CUBIC, )
)
Defendants. )

JURY DEMAND

The undersigned hereby demands a trial by jury in the above matter.

Respectfully submitted,

KRALOVEC, JAMBOIS & SCHWARTZ

/s/ Steven K. Jambois

Steven K. Jambois

Steven K. Jambois (sjambois@kjs-law.com)

Christopher S. Livas (clivas@kjs-law.com)
KRALOVEC, JAMBOIS & SCHWARTZ
60 W. Randolph Street, Suite 400
Chicago, IL 60601
(312) 782-2525
Firm ID: 24797
 All Law Division initial Case Management Dates will be heard via ZOOM.
For more information and Zoom Meeting IDs go to https://www.cookcountycourt.org/HOME/Zoom-Links/Agg4906_SelectTab/12
Remote Court date: 8/24/2022 9:30 AM
FILED
6/21/2022 12:38 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 6/21/2022 12:38 PM 2022L005561

2022L005561
Calendar, R
18364746

2022L005561