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LEE v. CHICAGO TRANSIT AUTHORITY

No. 1-88-0088.

562 N.E.2d 556 (1990)

205 Ill. App.3d 163

150 Ill.Dec. 26

Jae Boon LEE, Administratrix of the Estate of Sang Yeul Lee, Deceased, Plaintiff-Appellee, v. CHICAGO TRANSIT AUTHORITY, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied November 20, 1990.

Attorney(s) appearing for the Case

Wildman, Harrold, Allen & Dixon, Chicago (Ruth E. VanDemark and Stanley V. Boychuck, of counsel), for defendant-appellant.

Phelan, Pope & John, Ltd., Chicago (Peter C. John and Mary Patricia Benz, of counsel), amicus curiae.

William J. Harte, Ltd., Fishman & Fishman & Saltzberg, P.C., Chicago (Michael Maloney, William J. Harte, Ltd. and Erik Gruber, of counsel), for plaintiff-appellee.

Chairman, George M. Elsener, Past Chairman, Todd A. Smith, Corboy & Demetrio, P.C., Chicago, amicus curiae Ill. Trial Lawyer's Assoc.

Justice McNAMARA delivered the opinion of the state:

Plaintiff, Jae Boon Lee, administratrix of the estate of Sang Yeul Lee, brought a wrongful death action to recover damages for the death of her husband which occurred while he was on land owned by defendant, Chicago Transit Authority. Plaintiff's complaint alleged that the CTA's conduct in maintaining its third rail was either negligent or wilful and wanton, and caused...

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