ARROYO v. CHICAGO TRANSIT AUTHORITY

No. 1-93-1515.

643 N.E.2d 1322 (1994)

268 Ill. App.3d 317

205 Ill.Dec. 715

Marcos ARROYO, Administrator of the Estate of Marcos Arroyo, Jr., Plaintiff-Appellant, v. CHICAGO TRANSIT AUTHORITY, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

November 23, 1994.


Attorney(s) appearing for the Case

Julian H. Moltzen, Brenner & Moltzen, Ltd., Chicago, for appellant.

William H. Farley, Jr., Gen. Atty., Chicago Transit Authority, Richard T. Ryan, Mark F. Smolens, Flynn, Murphy, Ryan & Seyring, Chicago, for appellee.


Presiding Justice MURRAY delivered the opinion of the court:

On August 12, 1980, in an attempt to retrieve a ball, the plaintiff's decedent, 11year-old Marcos Arroyo, Jr., climbed onto the Chicago Transit Authority's (CTA) elevated structure, on the Douglas Line at approximately 1709 West 19th Street. The decedent came into contact with the third rail and was immediately electrocuted. Plaintiff filed a complaint alleging a cause of action for wrongful death.

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