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Docket No. 94907-Agenda 14-May 2003.PAULETTE CHANDLER, Adm'r of the Estate of Douglas Chandler, 
Appellee, v. ILLINOIS CENTRAL RAILROAD COMPANY, Appellant.

Opinion filed October 2, 2003.

JUSTICE FREEMAN delivered the opinion of the court:

On January 16, 1997, a motor vehicle driven by DouglasChandler collided with a railroad train owned and operated bydefendant, Illinois Central Railroad Company (Illinois Central), at theCenter Street crossing in Tilden, Illinois. Chandler sustained fatalinjuries in the collision. Plaintiff, Paulette Chandler, administrator ofdecedent's estate, filed an action under the Wrongful Death Act (740ILCS 180/1 et seq. (West 1996)) in which she alleged that IllinoisCentral's negligence was the proximate cause of the death. IllinoisCentral filed a motion to dismiss pursuant to section 2-615 andsection 2-619 of the Code of Civil Procedure (735 ILCS 5/2-615,2-619 (West 2000)) and a motion for summary judgment (735 ILCS5/2-1005 (West 2000)). The circuit court of St. Clair County grantedthe motion to dismiss. The appellate court reversed and remanded forfurther proceedings. 333 Ill. App. 3d 463. We granted IllinoisCentral's petition for leave to appeal pursuant to Supreme Court Rule315 (177 Ill. 2d R. 315). Following briefing and oral arguments inthis case, the parties entered into a settlement agreement andsubsequently moved this court to dismiss the appeal as moot.However, because the appeal presents "(i) a question of publicinterest, (ii) an issue in need of authoritative determination for futureguidance, and (iii) a situation likely to recur" (see Callis v. Norfolk &Western Ry. Co., 195 Ill. 2d 356, 364 (2001)), we address the issuesraised by this appeal and now affirm in part and reverse in part thejudgment of the appellate court. Owing to the parties' settlement,however, there is no need for this court to remand the cause to thecircuit court for further proceedings.

BACKGROUND

In 1962, Illinois Central operated a railroad line runninggenerally in a northwesterly-southeasterly direction between East St.Louis, Illinois, and Carbondale, Illinois. Train operations over therailroad line were by train order and timetable utilizing two maintracks for directional running. The railroad line crossed various streetsand highways at grade in Randolph County and St. Clair County,including the crossing at issue in the Village of Tilden. In a petitionfiled with the Illinois Commerce Commission on March 10, 1962,Illinois Central proposed to install a centralized traffic control systemon one of the main tracks and to retire the other main track. Thecentralized traffic control system would improve operating efficiencyby allowing train movement in both directions on a single track. Withthe retirement of one main track, various grade crossings on therailroad line would change from double main line grade crossings tosingle main line grade crossings. At crossings where there would beno possibility of two or more trains occupying the crossing at thesame time, the existing gate installations would be removed, leavingautomatic flashing light signal installations. Illinois Central describedthe proposed grade crossing changes in detail, attaching blueprintdrawings to its petition.

Following a hearing, the Commission made the followingfindings:

"(6) that due to present operation over two main tracks,the existing crossing protection in the above referred toVillages consists of automatic flashing light signals withshort arm gates as is customary for such operation;

(7) that the elimination of one main track and byconcentrating through train movements in both directions, onone track, it is impossible for a 'two train situation' to existat any of the crossings at which gates are now installed; thatthe railroad proposes to relocate the existing signals as maybe necessary to conform to the single track operatingarrangement and to remove the short arm gates at suchlocations bringing said installations into conformity withstandard practice for such conditions; that the re-establishedsignal installation at the various crossings will conform tothe requirements of General Order 138 of this Commission,and result in single main line grade crossings protected byautomatic flashing light signals and bells;

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(12) that the next southerly crossing is Center Street (IC-41.9-G), Tilden, Randolph County. The northbound maintrack would be removed, the existing signals to remain asnow placed and the short arm gates removed; movementsover the house track would be made at slow speed underflagman protection when required."

The Commission ordered that Illinois Central "proceed in making thechanges in the existing automatic flashing light signal and gateprotection at the crossings of *** Center Street in the Village ofTilden, Randolph County, Illinois."

Illinois Central changed the Center Street crossing in conformitywith the Commission's order. Thus, on the date of the collision, thecrossing was equipped with luminous flashing signals only. Travelingin a southerly direction on Center Street, decedent's vehicle enteredthe crossing and was struck by a train proceeding in a westerlydirection. Plaintiff filed this wrongful death action on behalf ofdecedent's next of kin.

Plaintiff filed the original complaint in Randolph County onOctober 6, 1997. On January 11, 1999, plaintiff voluntarily dismissedthe complaint. Plaintiff filed a nearly identical complaint in St. ClairCounty on January 11, 2000. Plaintiff amended the complaint onNovember 28, 2000. The circuit court dismissed the first amendedcomplaint without prejudice on February 23, 2001. On March 2,2001, plaintiff filed a pleading entitled "Third Amended Complaint,"the pleading at issue in this appeal. Plaintiff has never filed a secondamended complaint.

In paragraph five of the third amended complaint, plaintiffalleged that Illinois Central:

"a. Negligently and carelessly failed to adequatelymaintain its flashing warning signals;

b. Negligently and carelessly failed to adequately warnmotorists of the approach of the train;

c. Negligently and carelessly placed the flashing signalscontrolling southbound traffic on Center Street more than 15feet from the rail, contrary to the Illinois AdministrativeCode Title 92