Serritos v. Chicago Transit Authority

In Serritos v. Chicago Transit Authority, 153 Ill. App. 3d 265, 268-69, 505 N.E.2d 1034, 106 Ill. Dec. 243 (1987), Mary Serritos filed suit against the CTA alleging that she was injured when she slipped and fell on the icy and snow-covered steps of a CTA bus. Serritos, 153 Ill. App. 3d at 266. The trial court granted summary judgment in favor of the CTA, finding that the CTA had no duty to remove the snow or slush from the steps of its buses or to warn its passengers of that condition. Serritos, 153 Ill. App. 3d at 266. On appeal, the appellate court noted that the CTA owed Ms. Serritos the highest duty of care. Serritos, 153 Ill. App. 3d at 270. However, the appellate court also noted that under the so-called "natural accumulations rule," "it has been held that natural accumulations of ice and snow, which were not caused or aggravated by the business or property owner, are not a basis for liability. Consequently, the owner of a business has no duty to remove or take other precautions against dangers inherent in natural accumulations of snow and ice." Serritos, 153 Ill. App. 3d at 269. The appellate court held that the natural accumulations rule prevails over the carrier's duty of highest care: "Requiring the CTA's drivers to remedy a slushy condition on their steps which was brought about by snow being tracked into their vehicles by patrons would bring the transit system to a complete standstill. Therefore, we agree with the trial court that it is totally impracticable to impose such a duty upon the CTA." Serritos, 153 Ill. App. 3d at 271-72.