November 21, 2007
APPELLATE COURT OF ILLINOIS
FIRST JUDICIAL DISTRICT
GABRIEL IRIZARRY, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County, Illinois,
) County Department,
v. ) Law Division.
ILLINOIS CENTRAL RAILROAD ) No. 05 l 4216
COMPANY d/b/a Canadian )
National Railway, ) Honorable
) Abishi C. Cunningham,
Defendant-Appellant. ) Judge Presiding.
JUSTICE JOSEPH GORDON delivered the opinion of the court:
Plaintiff, Gabriel Irizarry, filed a two-count complaint against his former employer, Illinois
Central Railroad Company (defendant). Count I sought relief under the Federal Employer’s
Liability Act (FELA) (45 U.S.C. §51 et seq. (2000)) for injuries plaintiff sustained while
employed by defendant. Count II was a common-law retaliatory discharge claim. The circuit
court granted defendant’s motion to dismiss count II of plaintiff’s complaint pursuant to section
2-615(a) of the Code of Civil Procedure (735 ILCS 5/2-615(a) (West 2002)). Plaintiff now
appeals. For the reasons that follow, we affirm.