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COOPER v. CHICAGO TRANSIT AUTHORITY

No. 1-90-1200.

586 N.E.2d 575 (1991)

224 Ill. App.3d 321

166 Ill.Dec. 617

Gerard COOPER, a minor by Luella Cooper, his mother and next friend, Plaintiff-Appellant, v. CHICAGO TRANSIT AUTHORITY, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

December 27, 1991.

Attorney(s) appearing for the Case

Robert A. Clifford & Associates, Chicago (Robert A. Clifford, Keith A. Hebeisen, Susan A. Capra, Robert P. Sheridan, of counsel), for plaintiff-appellant.

William H. Farley, Jr., Gen. Atty., Chicago Transit Authority, Flynn, Murphy & Ryan, Chicago (Richard T. Ryan, Mark F. Smolens, of counsel), for defendant-appellee.

Justice GREIMAN delivered the opinion of the court:

Plaintiff Gerard Cooper appeals an order granting defendant's 2-619 Motion to Dismiss, which was based upon a retroactive application of the 1985 amendments to the Metropolitan Transit Authority Act (Ill. Rev.Stat.1985, ch. 111 2/3, par. 327) and applied to injuries suffered when plaintiff was attacked by other passengers as he rode a Chicago Transit Authority (CTA) bus in December 1983.

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