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CURTIS v. CHICAGO TRANSIT AUTHORITY

No. 1-02-0815.

793 N.E.2d 83 (2003)

341 Ill. App.3d 573

275 Ill.Dec. 603

Daven CURTIS, Plaintiff-Appellant, v. CHICAGO TRANSIT AUTHORITY, a Municipal Corporation, and Jeanne Butler, Individually, and as Agent, Servant and/or Employee of Chicago Transit Authority, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

June 23, 2003.

Attorney(s) appearing for the Case

Michael W. Rathsack, Chicago (Don M. Sowers and Michael W. Rathsack, of counsel), for Appellant.

Robert S. Rivkin, General Counsel of the Chicago Transit Authority, Chicago (Thomas J. Bamonte, Ellen Partridge, Cecelia M. Comito, of counsel), for Appellee.

Presiding Justice GORDON delivered the opinion of the court:

Plaintiff, Daven Curtis, filed a four-count complaint against defendants, Chicago Transit Authority (CTA) and Jeanne Butler, a CTA employee, on March 22, 2000, seeking damages for a traffic collision involving her car and a CTA bus driven by defendant Butler. The CTA ultimately moved to dismiss the complaint pursuant to section 2-619 of the Code of Civil Procedure (735 ILCS 5/2-619 (West 2000)), arguing...

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