designated crossing, the child’s parents are notified by letter. Tr. 1060. The letter informs
parents that their “child was observed trespassing” and that trespassing is “not only
unlawful, but extremely dangerous and could result in a permanent injury or death.”
DX22. If the child is caught a second time, the parents are sent another letter and are
contacted by phone. Id. If a child is caught a third time, the municipality’s police
department becomes involved, and court proceedings are initiated. Tr. 1060-61, 1585-86.
These policing efforts are just one component of defendants’ broader program to
“blanket areas with education” and “condition folks to the existence of rail traffic.” Tr.
1420, 1973. Defendants also “were, on an annual basis, regularly in the [Chicago Ridge]
schools” to give safety presentations as part of Operation Lifesaver. Tr. 1229, 1443,
1980. These talks discussed the dangers of trespassing on tracks, throwing objects at
trains, climbing on stopped trains, and similar topics. Tr. 1444, 1453, 1992, 2028.
Audience members were explicitly warned against “try[ing] to ride trains” and were told
to “stay off” passing trains. Tr. 2002.
Pretrial motions. The circuit court initially granted defendants’ motion for
summary judgment. A11. Defendants argued that they did not owe Choate a duty under
the standard set forth in Kahn v. James Burton Co., 5 Ill. 2d 614 (1955), both because, as
a matter of law, the danger posed by jumping on a moving freight train is “open and
obvious” to trespassing adolescents and because Choate admitted that he had subjectively
appreciated the danger. The circuit court agreed, noting that Choate was “on record
appreciating this danger,” and he was a “boy of eleven, twelve, thirteen years old who
can appreciate the danger.” A7. When Choate moved for reconsideration, however, the
court granted the motion, holding that the jury should determine whether the risk was “so