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SCERBA v. CITY OF CHICAGO

No. 1-95-0234.

672 N.E.2d 312 (1996)

284 Ill. App.3d 435

219 Ill.Dec. 804

Vacius SCERBA, as Father and Next Friend of George Scerba, Plaintiff-Appellant, v. CITY OF CHICAGO, a municipal corporation, and Chicago Transit Authority, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

October 7, 1996.

Attorney(s) appearing for the Case

Michael W. Rathsack; Philip F. Maher, Stephen E. McLean, and Michael W. Rathsack, of counsel, Chicago, for appellant.

Susan S. Sher, Corporation Counsel of the City of Chicago; Lawrence Rosenthal, Deputy Corporation Counsel, Benna Ruth Solomon, Chief Asst. Corporation Counsel, Ruth F. Masters, Asst. Corporation Counsel, of counsel, for appellee, City of Chicago.

Arnstein & Lehr; Arthur L. Klein, Eugene J. Kelley, Jr., David L. Strauss, of counsel, Chicago, for appellee, Chicago Transit Authority.

Justice WOLFSON delivered the opinion of the court:

On July 2, 1984, at about 10 a.m., 12-year-old George Scerba (George) left his school to go home. Minutes later he was struck by a car near the middle of Sheridan Road, several feet south of its intersection with Rosemont Avenue in Chicago.

This case concerns the several choices available to George before he made the wrong decision to cross the street in front of a CTA bus.

George was injured when...

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