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NIZIOLEK v. CHICAGO TRANSIT AUTHORITY

No. 1-91-2368.

620 N.E.2d 1097 (1993)

251 Ill. App.3d 537

189 Ill.Dec. 780

Scott NIZIOLEK, Plaintiff-Appellant, v. CHICAGO TRANSIT AUTHORITY, a municipal corporation, and Leroy Carter, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

April 12, 1993.

Attorney(s) appearing for the Case

Thomas C. Sprague, LaGrange, for plaintiff-appellant.

William Farley, General Atty., Chicago Transit Authority, and P. Scott Neville, Jr., Chicago, for defendants-appellees.

Justice BUCKLEY delivered the opinion of the court:

Scott Niziolek (plaintiff) brought a personal injury action against the Chicago Transit Authority (CTA) and Leroy Carter (Carter) to recover damages for injuries he allegedly sustained when his automobile was struck from behind by a CTA bus driven by Carter. The trial court granted the CTA's motion to dismiss (Ill.Rev.Stat. 1991, ch. 110, par. 2-619 (now 735 ILCS 5/2-619 (West 1992))) on the ground that plaintiff...

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