Walking Outside the Crosswalk
While crossing a Chicago street, Beverly Longo strayed outside the crosswalk and was hit by a Chicago Transit Authority (CTA) bus. She claimed that she could not cross within the crosswalk because there were other pedestrians and a bicyclist who was making deliveries for a local sandwich shop. She claimed the bike was also in the crosswalk. Longo filed suit against the CTA.
During summary judgment proceedings, the court concluded that there was no evidence of negligence. Summary judgment was granted in favor of the CTA. Longo appealed.
The appellate court affirmed but on grounds that there was a lack of duty owed to Longo. Amanda Jimolka v. Chicago Transit Authority, et al., No. 1-10-2894 (2011). Under Illinois Law, pedestrians traveling on a public roadway, outside of the crosswalk are neither intended or permitted users and thus are owed no duty of care. Streets are used for vehicles not pedestrians. It was undisputed that Longo collided with the lower, right hand corner of the bus near a manhole that was more than 9 feet outside of the crosswalk. Under Illinois law, it was Longo who should have yielded to the traffic when she walked outside of the crosswalk.
