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Wasserman v. City of Chicago

Citations: 547 N.E.2d 486; 190 Ill. App. 3d 1064; 138 Ill. Dec. 319; 1989 Ill. App. LEXIS 2014Docket: 1-88-2849

Court: Appellate Court of Illinois; November 3, 1989; Illinois; State Appellate Court

Narrative Opinion Summary

This case involves a personal injury lawsuit filed by a plaintiff against the City of Chicago and the Chicago Transit Authority (CTA) after she slipped and fell on snow while exiting a CTA bus. The crux of the legal issue revolves around the CTA's alleged negligence in failing to ensure a safe exit for passengers by stopping the bus in a dangerous area. The CTA sought summary judgment based on section 3-105 of the Local Governmental and Governmental Employees Tort Immunity Act, claiming immunity from liability for natural snow and ice accumulations. The trial court ruled in favor of the CTA, granting summary judgment. However, on appeal, the decision was contested, with the appellate court reversing the summary judgment. The court emphasized the duty of common carriers to provide a safe disembarkation area, and determined that factual disputes about the breach of this duty warranted a jury trial. Consequently, the case was remanded for further proceedings to resolve these material factual disputes about the CTA's potential breach of duty and the unsafe conditions leading to the plaintiff's injuries.

Legal Issues Addressed

Duty of Care for Common Carriers

Application: The obligation of a common carrier, such as a bus operator, to ensure passenger safety extends until passengers reach a safe area upon disembarkation.

Reasoning: A common carrier is required to exercise the highest degree of care for its passengers, which continues until the passenger reaches a place of safety.

Legal Determination of Duty and Factual Determination of Breach

Application: The appellate court highlighted that the existence of a duty is a legal question, while breach of duty and proximate cause are factual issues suitable for a jury.

Reasoning: The determination of whether a duty exists is a legal question for the court, while the breach of duty and proximate cause are factual issues.

Local Governmental and Governmental Employees Tort Immunity Act

Application: The CTA claimed immunity under section 3-105 for natural accumulations of ice and snow, which the court initially accepted, but was later contested on appeal due to factual disputes about the duty to ensure safe passenger exit.

Reasoning: The CTA denied the allegations and sought summary judgment, citing section 3-105 of the Local Governmental and Governmental Employees Tort Immunity Act, which they argued exempted them from liability for natural accumulations of ice and snow.

Summary Judgment and Genuine Issues of Material Fact

Application: Summary judgment was deemed inappropriate due to existing genuine disputes over material facts concerning the duty and breach by the CTA.

Reasoning: Summary judgment is not appropriate where there are genuine material facts in dispute.