Cole v. Chicago Transit Authority

Plaintiff, as administrator of the estate of his deceased wife, appealed from the judgment of the circuit court entered in favor of the defendant in an action for wrongful death and survival. The trial court granted summary judgment in favor of the defendant, finding that it did not owe a duty of ordinary care to a trespasser on its railroad tracks and that there was no evidence to support a claim of willful and wanton conduct. The trial court also found that the defendant was not directory or vicariously liable for the hiring or training of its contracted security guard. The appellate court agreed and affirmed. (ODEN JOHNSON and MITCHELL, concurring)