CTA Not Liable for Woman’s Death While Trying to Retrieve Cellphone from Tracks in 2019, Appellate Court Rules
Fatal Accident Occurred at 69th Street Red Line Station
Felon Smith, 37, dropped her phone on the tracks at the 69th Street Red Line station in Englewood on June 27, 2019, and climbed off the platform to get it. She was struck by a northbound Red Line train and was pronounced dead at the scene.
Lawsuit Filed Against CTA and Others
Smith was a mother of two daughters and Sincere Cole, who was shot and killed in 2022 at 15 years old. Her husband, Shearal Cole, sued the CTA, its conductor Philip Hamilton, AGB Investigative Services, and security guard Fabeous Dowd following her death.
CTA and Hamilton Found Not Liable
A Cook County circuit court ruled the CTA was not liable for her death, and the state appellate court upheld that ruling in a decision released Friday. The court also found that the CTA was not liable for the actions of Dowd and AGB, who were not part of the appeal.
Appellate Court’s Ruling
In the complaint, Cole alleged that Hamilton was negligent while driving the train and he should have seen Smith on the tracks and stopped the train before striking her, and the CTA was responsible for not properly hiring and training its conductors. In a summary judgment motion, the CTA and Hamilton argued they had “no duty whatsoever owed to a trespasser” and Smith’s death was a result of her own actions.
The appellate court upheld the circuit court’s siding with the CTA and Hamilton, stating that “the only duty that a landowner typically owes to a trespasser is to refrain from willfully and wantonly injuring them.” The court found evidence that Hamilton reacted immediately when he saw Smith on the tracks and cooperated with emergency personnel.
Conclusion
The appellate court’s ruling has upheld the CTA’s and Hamilton’s position that they had no liability in Smith’s death. The court’s decision emphasizes the lesser duty owed to trespassers, who are not expected to anticipate their presence on the land.
FAQs
Q: What happened to Felon Smith?
A: Felon Smith, 37, dropped her phone on the tracks at the 69th Street Red Line station in Englewood on June 27, 2019, and climbed off the platform to get it. She was struck by a northbound Red Line train and was pronounced dead at the scene.
Q: Who sued the CTA and others?
A: Smith’s husband, Shearal Cole, sued the CTA, its conductor Philip Hamilton, AGB Investigative Services, and security guard Fabeous Dowd following her death.
Q: What was the outcome of the lawsuit?
A: The CTA and Hamilton were found not liable for Smith’s death, and the appellate court upheld the circuit court’s ruling.
