Miskunas v. Chicago Transit Authority

In Miskunas v. Chicago Transit Authority, 42 Ill. App. 3d 202, 355 N.E.2d 738 (1976), Mary Miskunas was riding a CTA bus that stopped in a crosswalk approximately three feet from the curb. Miskunas, 42 Ill. App. 3d at 202-03. Miskunas stepped down from the bus and slipped on some snow and ice on the ground. Miskunas, 42 Ill. App. 3d at 203. Miskunas brought suit against the CTA, alleging in pertinent part that the CTA had violated a municipal ordinance by bringing the bus to a stop with the right front wheel more than 18 inches from the curb. Miskunas, 42 Ill. App. 3d at 203. The trial court granted the CTA's motion for a directed verdict after the close of Miskunas' case. Miskunas, 42 Ill. App. 3d at 204. The appellate court reversed and remanded, holding that Miskunas had established a prima facie case that the CTA had violated the municipal ordinance by failing to stop within 18 inches of the curb. Miskunas, 42 Ill. App. 3d at 205. The natural accumulations rule was not mentioned in the majority opinion in Miskunas.