Quiroz v. Chicago Transit Authority
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Quiroz was inside the underground subway tunnel connecting CTA stations when he fell from a recessed catwalk authorized for CTA personnel and injured himself. The area near the tracks where he fell was lit. At least two trains passed without incident. He was allegedly visible on security cameras. Another train struck Quiroz in the tunnel, causing his fatal injuries.
Quiroz’s estate filed a wrongful death action, asserting that, having discovered Quiroz in a position of peril, the CTA owed him a duty of care and violated that duty by failing to notify train operators of his presence and by failing to stop train service, or, alternatively, that failure to keep a lookout for persons in the tunnel and to monitor the security cameras in real-time was willful and wanton. The CTA argued that, because Quiroz was a trespasser, it owed no duty to protect him from the open and obvious danger of a moving train.
The circuit court dismissed the complaint. The appellate court reversed, finding the allegations that Quiroz was a discovered trespasser in a position of peril sufficient to establish a legally recognized duty under section 337 of the Restatement (Second) of Torts. The Illinois Supreme Court reversed. Section 337 does not apply to an open and obvious danger and no further duty was owed under the circumstances. The CTA is not an insurer of a trespasser’s safety; its focus must be on ensuring mass transit.
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