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Hayes v. Burlington Northern & Santa Fe Ry. Co.

Case Date: 06/12/2001
Court: 1st District Appellate
Docket No: 1-00-1156 Rel

SECOND DIVISION

June 12, 2001






No. 1-00-1156


SHARON E. HAYES, Indiv. and as Special Adm'r of the
Estate of Howard Hayes, Deceased,

                    Plaintiff-Appellee,

          v.

BURLINGTON NORTHERN AND SANTA FE
RAILWAY COMPANY,

                    Defendant-Appellant

(Richard T. Sikes, Jr., Contemnor-Appellant).

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)		 Appeal from the
Circuit Court of
Cook County



No. 99 L 7815



Honorable
David R. Donnersberger,
Judge Presiding.

PRESIDING JUSTICE CAHILL delivered the opinion of the court:

Defendant Burlington Northern and Santa Fe Railway Company appeals an ordercompelling production of two documents. Defendant claims the documents are protected by theattorney-client and work product privileges. Defendant also appeals an order of contemptentered against Richard T. Sikes, defendant's attorney, imposing a $100 fine when he refused toproduce the documents. We vacate the contempt order, reverse the order of the trial court to turnover the documents and remand for further proceedings consistent with this opinion.

Howard Hayes was working as a switchman for defendant when he was injured in a trainaccident on March 9, 1998. Hayes signed a release on September 4, 1998, of all claims arisingfrom the accident in exchange for $50,000.

Hayes was later diagnosed with cervical herniations that required surgery. Defendantreopened Hayes' claim file and paid for the surgery. Hayes suffered a series of heart attacksduring the surgery and died on May 4, 1999.

Plaintiff Sharon E. Hayes filed a negligence complaint against defendant on July 15,1999. Plaintiff alleged that Hayes' death was caused by injuries he received in March 1998 whileemployed by defendant. Defendant filed a motion to dismiss the complaint under section 2-619(a)(6) of the Illinois Code of Civil Procedure (735 ILCS 5/2-619(a)(6) (West 1996)). Defendant contended in the motion that the September 4, 1998, release barred plaintiff's claim.

A dispute arose in the course of discovery when plaintiff asked for production of alldocuments in Hayes' claim file. Defendant claimed two documents in the file were privileged:(1) a July 19, 1999, Federal Employers' Liability Act (FELA) (45 U.S.C.