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Hiroyuki Joho was killed when he was struck by an Amtrak train. Joho was crossing in a designated crosswalk from the eastside passenger platform to the west side passenger platform where Metra commuter trains depart toward Chicago. The sky was overcast and it was raining heavily. Joho proceeded west across the double set of tracks, holding an open, black umbrella over his head and a computer bag on a strap across his shoulder. The Metra station was not a destination for the Amtrak train that was traveling south at 73 miles an hour, and the engineer in the bright blue locomotive maintained speed, but sounded a whistle which triggered automatic flashing headlamps. Witnesses disagreed as to whether Joho realized the train was approaching. He was smiling at the commuters standing on the southbound platform when the train hit him. A large part of his body was propelled about 100 feet onto the southbound platform where it struck 58-year-old P from behind, knocking her to the ground. She sustained a shoulder injury, a leg fracture, and a wrist fracture. P sued Joho's estate, D, seeking damages on the ground that Joho's negligence caused her injuries. P argued that Joho owed a duty of care to her while walking in and around the Metra station and breached that duty when he: '(a) carelessly and negligently failed to keep a proper lookout for approaching trains; (b) carelessly and negligently ran in the path of an approaching [Amtrak] train; or (c) carelessly and negligently failed to yield the right-of-way to approaching trains.' D defended her son's estate. D cross-motioned for summary judgment on the ground that her son, Joho, owed no actionable duty to P. The court ruled for D and P appealed.

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