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MITCHELL v. CITY OF CHICAGO

No. 1-90-1210, 1-90-1253.

583 N.E.2d 60 (1991)

221 Ill. App.3d 1017

164 Ill.Dec. 506

Bruce E. MITCHELL and Mary J. Mitchell, Plaintiffs-Appellants, v. CITY OF CHICAGO, a municipal corporation, and Chicago Transit Authority, a municipal corporation, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

November 7, 1991.

Attorney(s) appearing for the Case

Hayes & Power, Chicago (Joseph A. Power Jr., Thomas G. Siracusa, David A. Novoselsky, Linda A. Bryceland, of counsel), for plaintiffs-appellants.

Kelly R. Welsh, Corp. Counsel of City of Chicago (Lawrence Rosenthal, Deputy Corp. Counsel, Benna Ruth Solomon, Chief Asst. Corp. Counsel, Michelle A. Hutchinson, Asst. Corp. Counsel, of counsel), for defendant-appellee City of Chicago.

William Farley, P. Scott Neville, Jr., Chicago, for defendant-appellee Chicago Transit Authority.

Presiding Justice JIGANTI delivered the opinion of the court:

These consolidated appeals stem from a negligence action brought by the plaintiffs, Bruce E. Mitchell and his wife Mary J. Mitchell, against the defendants, the Chicago Transit Authority (CTA) and the City of Chicago. On motions by the CTA and the City, the trial court granted summary judgments in favor of both of the defendants and against the plaintiffs on the grounds that no duty was owed to the plaintiffs...

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