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ATWOOD v. CHICAGO TRANSIT AUTHORITY

No. 1-91-3858.

624 N.E.2d 1180 (1993)

253 Ill. App.3d 1

191 Ill.Dec. 802

Timothy ATWOOD, a minor, by his mother and next friend, Alberta Atwood, Plaintiff-Appellee, v. CHICAGO TRANSIT AUTHORITY, a municipal corporation, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

As Modified on Denial of Rehearing October 12, 1993.

Attorney(s) appearing for the Case

David A. Novoselsky & Associates, Chicago (David A. Novoselsky, and Linda A. Bryceland, of counsel), for plaintiff-appellee.

Hoffman, Burke and Bozick, Chicago (Edmund J. Burke, of counsel), for defendant-appellant.

MODIFIED ON DENIAL OF REHEARING

Justice DiVITO delivered the opinion of the court:

On March 23, 1983, at approximately 8:25 a.m., James Cockrell was the motorman of a Chicago Transit Authority (CTA) train that was leaving east-bound from the Kildare station. That station is 15 or 20 feet west of Kildare between two sets of tracks (east- and west-bound), which are at grade level. One set of gates blocks automobiles on Kildare, a smaller pair stops pedestrian...

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