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ESHOO v. CHICAGO TRANSIT AUTHORITY

No. 1-97-1138.

723 N.E.2d 339 (1999)

309 Ill. App.3d 831

243 Ill.Dec. 307

John and Bernice ESHOO, Indiv. and as Special Admr's of the Estate of Taylor Eshoo, Deceased, Plaintiff-Appellees, v. CHICAGO TRANSIT AUTHORITY, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied January 21, 2000.

Attorney(s) appearing for the Case

Duncan G. Harris, General Counsel, and Thomas J. Bamonte, Deputy General Counsel, Chicago, Transit Authority; and Richard T. Ryan and Mark F. Smolens of Flynn, Murphy, Ryan & Seyring, Chicago, for Appellant.

Lorna E. Propes of Propes & Grippo, P.C., Chicago, for Appellees.

Presiding Justice CAHILL delivered the opinion of the court:

Plaintiffs filed a two-count complaint against the Chicago Transit Authority (the CTA) in response to an electrocution at the CTA Morse Avenue transit station in Chicago. The complaint alleged negligence in count I and willful and wanton conduct in count II, Plaintiffs dismissed the willful and wanton count before the case went to the jury in response to a trial court ruling that decedent was an invitee...

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