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SCHUSSE v. PACE SUBURBAN BUS

No. 1-00-3857.

779 N.E.2d 259 (2002)

334 Ill. App.3d 960

268 Ill.Dec. 645

Malcolm SCHUSSE, Plaintiff-Appellant, v. PACE SUBURBAN BUS DIVISION OF the REGIONAL TRANSPORTATION AUTHORITY, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied December 6, 2002.

Attorney(s) appearing for the Case

Law Offices of Marvin A. Brustin, Ltd., Chicago (Charles E. Webster, Matthew S. Knorr and Milo W. Lundblad, of counsel), for Appellant.

Querrey & Harrow, Ltd., Chicago (David E. Neumeister, Kelli A. Borden, Paul A. Rettberg and Timothy R. Rabel, of counsel), for Appellee.

Presiding Justice CAMPBELL delivered the opinion of the court:

Plaintiff Malcolm Schusse appeals an order of the circuit court of Cook County dismissing his claim against defendant Pace Suburban Bus Division of the Regional Transportation Authority (Pace, RTA) for spoliation of evidence.

The record on appeal discloses the following facts. On December 30, 1989, plaintiff, an employee of defendant, was driving a Pace bus when the driver's seat collapsed, allegedly...

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