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to get hurt” if he did not stay away from trains. Tr. 1410, 1613, 1631; DX22. In early

2003, less than six months before the accident, Choate’s mother again warned him that he

could get hurt by moving trains. Tr. 1632-33. She was sure that she had made clear to

Choate “before the accident the severity of the injury that could occur if someone tried to

get on a moving train,” and explained “things that could happen if . . . [Choate] got hurt

by a train.” Tr. 1634. That was why she was so “upset” when she first learned of the

accident—she thought that Choate was “stupid” and should have “kn[own] better,”

because she had warned him so many times before of those risks. Tr. 1628, 1633.

Choate himself recalled his mother’s “specific[]” warnings—repeated “over a

dozen times while [he was] growing up before this accident”—that “railroad tracks and

railroad trains” were “dangerous” and that he “should not go by them.” Tr. 1722. Choate

had “never seen anyone else successfully jump onto a train” or “catch[] a ride on a

moving train” before the accident and had never, prior to the accident, tried doing so

himself. Tr. 1683-84, 1750. In fact, just minutes before the accident, Patton and several of

Choate’s companions—Spindler, Edgar, Gunderson, and Van Witzenburg—warned him

not to try to jump on the moving train. See supra pp. 5-6.

2. Defendants’ efforts to promote railroad safety. Defendants have for many

years tried to prevent children from coming to harm on their property. Tr. 1096. They

work closely with surrounding communities with respect to safety issues. Tr. 1941. The

IHB police department patrols the tracks in the Chicago Ridge area. Tr. 1051. Under the

Three Strikes and You’re Out program, officers who encounter trespassers on railroad

property stop them, escort them off the tracks, and write up a report called a “contact” or

“information” card. Tr. 1058, 1418. The first time that a child is found outside a

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