Chicago train accident lawyers – Passen & Powell
In a win for Chicago train accident lawyers and their injured clients, Illinois circuit court recently held that the Illinois Tort Immunity Act does not apply to a common carrier such as the metropolitan commuter railroad system (“Metra”). The court ruled Metra was not shielded by the Tort Immunity Act in a personal injury lawsuit filed by a woman who was injured while aboard a Metra train. Sylvia Ortiz-Rivera v. Northeast Ill. Regional Commuter Railroad Corp. d/b/a/ Metra., No. 07 M5 2363.
The plaintiff was injured while aboard Metra’s southwest line departing from Union Station. Trains were delayed that day because of a snow storm. While moving from one coach car to another, the plaintiff opened an interior door and than the door closed quickly on her hand, breaking her fingers. Metra filed a motion to dismiss stating that the Tort Immunity Act immunized it from injuries that occur due to weather.
Judge Janet Adams Brosnahan found that the “clear” language of the Tort Immunity Act is states that “immunity does not attach — to any public entity that is operating as a common carrier.” Accordingly, the judge granted the plaintiff’s motion to strike Metra’s first affirmative defense based upon the Tort Immunity Act, and the plaintiff was able to proceed in her personal injury lawsuit against Metra.