Civil Action (lover Sheet - Case Initiation (o512'/l16) ccl o52o

FILED
rN THE CIITCUIII COURT OF COOK COUN'rg ILLINOXS 8/12/2019 12:37 PM
COUN'IY DEI'ARTMENT LANø DIVISION DOROTHY BROWN
CIRCUIT CLERK
Shearal Cole, as Special Administrator of the Estate of Felon Nicole Smith deceased COOK COUNTY, IL
FILED DATE: 8/12/2019 12:37 PM 2019L008880

2019L008880

No.

CT\,TL ACTTON COVER SHEE'T - CASE INI'TìATf ON

A Civil Actiotr Covet'Shcct - Case Initiation shall be lìled wirh thc

cornplaitrt in all civil actions. The inÊornlation colltained he lcin
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eviclence. Please check the lrox in front of the appropri2tte c2tse
rype which bcst chalacteriT.es your action. Only onc (1) case type
rriay bc chcckccl rvith this cover shcet.
Jury Dcnrancl D Ycs @l No

PERSONAL TNJURY/!øRONGFUL pEATH

CASE'fYPl:lS:
[ 027 Moror Vchicle COMMERCIAL LITIGAIION
Q 040 Mcciical Mall'r¡ctice
CASE I'YPE,S:
[ 047 Asbc.stos
E 048 Drarn Shop
[
002 Bleac]r of Contracr
E 070 Profcs.sional Malplactice
[ 049 Procltrct Liability (othel than lcgal oL rnedical)
! 051 Constnrction Injuries
(inclucling Structur:rl \Øolk Act, Roacl
E 071 FLaucl (othcl than lcgal ol rncdical)
Consu'uctiorr Injulies Act and negligence)
[ 072 Con.sumer Fraucl
E 073 Breach of\Øalranty
a 052 RailLoad/FELA
E 074 Starrrro|y Ar'riorr
n 053 Pecliatric l.eacl Exposure
(Plcase spcci$, below.**)
R 061 Other Personal lnj ury/lùTrongfLrl Death
n 063 Intentional Tolt
[ 075 Othcr Cornrnercial Litigation
(Pleasc speci$, below**)
D 064 M iscellllrcous Stat utt,r'y Act i,,rr
(Please Speci$' Below**)
U 076 Retaliatoly Dischalgc

[ 065 Plcrnises Lialrility

OTHERACTIONS
E 078 Fcn-pl.rcn/lìedux Litigatíon
E 199 Silicone lrnplar.rt CASE'Ì'YPES:
[ 062 PLoperry l)arnage
TAX B{ MISCELLANEOUS REMEDIES tr0ó6 Lcgrl M:rl¡rlacticc
CASE TYPES: â 077 LillcllSlantl, r
E 007 Confcssions of Juclgrnent [ 079 Petitior.r f'or Qualifie<l Orclers
I oo8 Rcplcvin E 084 Petition to Is.^ue Subpocna
U oo9 'l-ax
n 100 Petirion for I)iscovcry
fl 01 5 Condc¡nnarion
[ 017 l)etinue
B 029 Unernployment Cornpcn.sation
[ 03 1 l-oLcigrr T anst lipt l)ri nr a ry 9,.,.r"¡1. neslundlaw @ yahoo.com
A 036 Aclminisrrative Review Action
[ 085 Petition to lìcgistel Foleign Judgrnent Scconc{aly lrmail:
fl 099 All Otl.rer Extlaordinary Rernedies
By, /s/ Jeffrey J. Neslund lèrtialv lì¡ail:
(Arrorncy) XIXXXðX

Pro Se On[y: E I have ¡oacl ancl ¿ìgree to the telns of rhe Clcrl¿i Ofice li/cctronic Noticc Po/icy ancl choose ro opt in to elecrlonic r.rorice
folrn rhc Clerl<'s Office fol this case at th.is email aclcless:

DOROTI{Y BIìO\X/N, CLERI( OF THE CIRCUIT COURT OF COOK COUNTY, ILI-TNOIS

ì)agc 1 of I
 FILED

8/12/2019 12:37 PM
DOROTHY BROWN
CIRCUIT CLERK

IN THB CIRCT]IT COURT OF COOK COUNTY, ILLINOIS COOK COUNTY, IL

COUNITY DEPARTMEI{'I , LAW DIVISIOI{
2019L008880
FILED DATE: 8/12/2019 12:37 PM 2019L008880

SHEARAL COLE, as Special Administratorol'the )

Estate of FELON NICOLE SMITH, Deceasecl, )
)
Plaintiff, )
) No.
)
)
CHICAGO TRANSIT AUTHORITY; UNI(NOWN)
EMPLOYEES/AGENTS OF CHICAGO TRANSIT)
AUTHORITY; AGB INVESTIGATIVE )
SERVICES, INC.; and UNKNOWN EMPLOYEESô
AGENTS OF AGB INVESTIGATIVE, SERVICES,)
INC., )
Defenclants. )

COMT'LAINIT AT LAW

NOW COMES the Plaintiff, SHEARAL COLE, as Special Administrator of the Estate ol

FELON NICOLE SMITH, Deceased, by and through his attorneys, JEFFREY J. NESLUND,

LAW OFFICES OF' JEFF'REY J. NESLUND and TI-IOMAS J. IIYLAND, HYLAND LAW,

LTD., and complaining of Def'endants CHICAGO TRANSIT AUTHORITY; UNKNOWN

EMPLOYEES/AGENTS OF CHICAGO TRANSIT AUTHORITY; AGB INVESTIGATIVE

SERVICES, INC.; And UNKNOWN EMPLOYEES/AGENTS OF AGB INVESTIGATIVE

SERVICES, INC., and pleading in tlie alternative, states as fbllows:

COMMON ALT,EG,ATTONS

1. On and prior to June27,2019, and at all tinres thereaf'ter relevant l"o this action,

PlaintilT, SHEARAL COLE, as Special Administrator ol the Estate ol'FELON NICOLE SMITI-I,

deceased, resided in Chicago, within Cook County, Illinois.

 Defendant CHICAGO TRANSIT AUTIIORITY ("CTA") is au Illinois municipaì
FILED DATE: 8/12/2019 12:37 PM 2019L008880

corporation created by Section 3 of the Metropolitan Transit Authority Act, codified at 70 ILCS

360513,located within Cook County, Illinois.

3. On and prior to June 27,2019, and at all tirnes thereafter relevant to this action,

Defeud¿rnt, CHICAGO TRANSIT AUTFIORITY ("CTA"), was a corrl-non cal'riel'and plovided

public transit rail selvice to the public at large in the City of Chicago, within Cook County, Illinois,

including to the decedent, FELON NICOLE SMITH.

4. On ancl prior to June21,2019, and at all times therealtel relevant to this action,

Defendaut, AGB INVESTIGATIVE SERVICES, INC. ("AGB"), was an Illinois corporation that

provided security guard services to Def'endant CTA.

5. On or about April 17,2019, Defendant CTA entered into a contract witli Defèndant

AGB to provide security selvices to monitor CTA platforms, enforce CTA security and safety

rules and protect the well-being and safety of members of tlie public who uiilized CTA trains and

platforms.

6. On and prior to June2J,2079, and at all times thereafter relevant to this action,

Defendant, CTA owned, operated, maintained and controllecl electric commuter trains and the

station on the Red Line track, commonly known as the "69'l' Street Red Line" station, located at

15 W. 69tl'Street, in Chicago, Cook County, Illinois.

7. On and prior to June 2J,2019, CTA had an affirmative duty as a common carrier

to aid and protect passengers against unreasonable risks of physical harrn, including the decedent,

FELON NICOLE SMITH.

 B. On and prior to June27,2019, Defendant AGB had an affirmative duty as well as
FILED DATE: 8/12/2019 12:37 PM 2019L008880

a contractual obligation to aid and protect CTA passengers agains[ unl'easonable risks of physical

hann inclucling the decedent, FELON NICOLE SMITH.

9 . On anil prior to June 27 , 2079, and at all times thereafter relevant to this action, the

"69t1' Street Recl Line" station owned, operatecl, maintained and controllecl by Defendant, CTA,

was open to commuters and the public at large to use for public transportzrtion.

10. On ancl prior to Jtne 2J ,2019 , and at all times thereafter relevant to this action, the

"69tI'street Red Line" station owned, operated, maintained and controlled by Defendant, CTA was

staffed at all times by CTA employees as well as employees/agents of Defenclant, AGB.

1 1. On and prior to June 27 ,2019, it was the cluty and responsibility of CTA and AGB

employees and agents to oversee all issues of safety for commuters while they were located at the

"69tI' Street Red Line" station,

12. On and plior to June2J,2019, ancl at all tirnes thereafter relevant to this ¿rction,

Def'endant CTA owned, operated and controlled certain electric commuter trains that were staffed

at all times by CTA employees and agents, inclucling rail operators.

13. On and prior to June 2 / , 2019, and at all times thereafter relevant to this action, it

was the responsibility of Defendant CTA's rail operators to maintain a proper lookout for any track

obstructions, including pedestrians in tlie track alea and reduce speed and/or stop the train if
necessary.

14. On and prior to June 21 ,2019, and at all times thereafter relevant to this action, the

Defendant CTA, individually and tl-rrough its agents, servants, and employees, owecl a duty of care

in both ownership, man¿ìgement, and control of the commuter trains and ¡¡" "69tlt SÍeet Recl Line"
 station, including the platform ancl traclc areas, to protect individuals from trains being operatecl on
FILED DATE: 8/12/2019 12:37 PM 2019L008880

the traclcs which would enter and pass through the station.

15. On and priol to June21,2019, Defendant CTA had prior notice that the public at

large standing on platforms with the intention to board trains at CTA stations, including the "69tb

S[reet Red Line" station, had entered the track area on prior occasions to retrieve belongings, were

pushed, or otherwise had wound up on the train tracks and were injured by trains.

16. On and prior to June27,20l9, Defendant, C'fA, had actual and constructive notice

that its rail system, including its tracks zrnd trains, could pose a dangerous hazard and could harm

commuters present at CTA stations, including the "69t1' Street Red Line" station.

17. On and prior to lune 2J,2019, the responsibilities of the CTA and AGII

employees/agents for ensuring commuter safety at train stations such ¿rs the "69th Street Red Line"

station included monitoring commuter activity, ensuring that commuters clid not approach or enter

the train tracks and provide assistance and aicl to commuters who may have entered the tlain tracks

to protect them from possible bodily harm.

1 8. On and prior to Jtne 2J , 2019 , CT A and AGB employees/agents worl<ing at CTA

train stations like the "69th Street Red Line" station had a communication system in place where

employees/agents could immediately contact CTA central command and/or rail operators directly,

and inform CTA central command and/or CTA rail operators about the presence of commuters on

tlie train tracks so that CTA rail operators could slow or stop trains and/or shut off power to the

trains ancl tracks.

19 . On and prior to June 27 , 2019 , Defendant CTA and Defendant AGB, thlough their

employees and/or agents had a duty to take steps to assist passengers who they knew or should
 have knowll were on the tracl<s, including contzrcting CTA central command and/or rail operators
FILED DATE: 8/12/2019 12:37 PM 2019L008880

to stop oncoming trains and/or shut off power to the traclcs.

20. On June 27,2019, FELON NICOLE SMITH presented herself at the 69tì' Street

Recl Line train platform, with the intention of becorling a passenger on a CTA train. As such,

Defendant CTA by ancl through its agents, Defenclant AGB ancl FELON NICOLE SMITIf stood

in a special telationship of common carrier and passenger,

21, On June 21,2019, CTA and AGB employees/agents were ou duty and in the course

and scope of their employment ¿rt the 69tl' Stl'eet Red Line platform.

22. On June 27,2019, FELON NICOLE SMITH was on the north platform waiting for

a train, when she dropped her cell phone into tlie track area.

23. On June 27,2019, the CTA and/or AGB employees/agents failed to instruct or

prevent FELON NICOLE SMITH from entering the track area to retrieve her phone.

24. Ou June 2'7,2019, FELON NICOLE SMITH retrieved hel cell phone and no trains

were visibly approaching the station.

25. On June 27 , 2019, CTA and/or AGB employees/agents were in close proximity to

the area on the tracks where FELON NICOLE SMITH went to retrieve her phone and knew or

should have known of her presence in the area of the tlacks.

26, On June 21, 2019, CTA and/or AGB employees/agents abandoned FELON

NICOLE SMITH who was in obvious need of assistance to exit the track area.

27 . On June 2l , 2019, CTA and/or AGB employees/agents continued walking the

platforrn, leaving FELON NICOLE SMITH helpless in the track area,

28. On June 2'/,2019, despite knowledge that FELON NICOLE SMITH was in the

track area in need of assistance and despite the CTA policy that no one should be in the track area,
 the CTA and AGB ernployees/agerlts failed to ensure that FELON NICOLE, SMITFI safely existed
FILED DATE: 8/12/2019 12:37 PM 2019L008880

the track area.

29. On June 27,2019, the CTA rail operzrtor of the northbound train zrpprozrching the

"6911' Street Recl Line" station was looking out the window and rnaking hand gestures r¿rther than

focusing on the tracks in front of the train.

30. On June 27,2019, the CTA rail operator on the notthbound train was looking out

the window and failed to see the dececlent and stop the train when he knew or shoulcl have known

decedent was abandoned on the tracks and in neecl of assistance.

3L On June 27,2079, the northbound electric commuter train operzrted, managed,

maintained and controllecl by Defenciant CTA struck decedent, FELON NICOLE SMITH,

resulting in fatal injuries.

çAUXTI
Ç-h! çaeq T raaq i!.4 !r-th qd tv
(Negligence)

32. Plaintiff adopts ancl re-alleges paragraphs 1 through 3l of the Common Allegations

as if fully set forth herein.

33. That at all times relevant, Defendant CTA through the CTA's respective agents,

servants and employees, named and unnamecl, had a cluty to exercise reasonable care for the safety

of Plaintiff's decedent, FELON NICOLE SMITH.

34. That at the aforesaid time and place, Defenclant CTA through the CTA's respective

agents, servants and employees, named and unnamed, breached their duty by con-rmitting one or

more of the following acts ancl/or omissions in a careless anil negligent manner:

a) The CTA rail operator failed to keep ¿ì proper lookout as tl-ìe northbouncl
train approachecl the 69rl' Street Red Line platforrn;

b) The CTA rail operator failed to exercise due care and diverted his attention
 aw¿ìy frorn the tracks as he approached the 69rl' Street lled Line platforrn;
FILED DATE: 8/12/2019 12:37 PM 2019L008880

c) The CTA rail operator failed to reduce speed and/or stop the train to avoicl
striking the decedent, FELON NICOLE SMITH;

d) The CTA ernployees/agents on the platform allowecl or penlitted the

decedeut to enter the track area in disregard for the safèty and well-being of
the clecedent;

e) The CTA employees/zrgents on the platf'orm f'ailed to instruct the decedent

to move under the platform to get away from the tracks after improperly
allowing ol pelrlitting her to enter the traclc area, in disregard fbr the safety
and well-being of the decedent;

Ð The CTA employees/agerìts on the platform failed to help or assist decedent

out of the track area in disregard lbr the salèty and well-being of the
decedent;

g) The CTA employees/agents on the platform failed to communicate or signal

the rail operator that the decedent was in the tl'ack area so as to give
warning to tlie rail operator to reduce speed ancl/or stop the train plior to
entering the station and striking dcccdent;

h) The CTA ernployees/agents on the platfbrm fìiiled to gct the tracks' power
shut off after the clecedent enterecl the track area;

i) The CTA employees/agents on the platlbrm fàiled to take the reasonable

and necessary steps to ensure decedent's salèty on their premises;

j) The CTA employees/agents on the platform failed to exercise the highest

degree of care in the operation of its common carrier.

35. The death of dececlent, FELON NICOLE SMITH, occurred as a proximate result

of one or more of the negligent acts and omissions of Defenclant CTA as listed above.

36. The CTA's conduct as listed herein was a material element and ¿r subst¿rnti¿rl f¿rctor

in bringing about the dececlent's injures and death. trspecially given CTA's ¿ìw¿ìreness of prior

incidents ancl advertising campaigns about members of the public being on the tracks in adclition

to the fact that CTA employees/agents knew of decedent's presence on the tracks, Despite this
 actual or collstructive notice, tlie CTA employees/agents nonetheless failed to ensure the
FILED DATE: 8/12/2019 12:37 PM 2019L008880

decedent's safety.

37 . In light of the facts and knowleclge described herein, the CTA knew or should have

known that FELON NICOLE SMITH's injury and/or death were foreseeable.

38. On June 27 ,2019, if the CTA ernployees/agents h¿rd exercised re¿rsonable cal'e in

operating the train and monitoring the platform and track area, steps could h¿rve been taken to

assist FELON NICOLE SMITH after she was ou the tracks and to prevent her death, inclucling

removitlg her from the tracks, alerting central command and/or the rail operatol of her presence to

make an emergency stop 01'get the tracks' power shut off.

39. On June 27 ,2019, the failure to take the steps listed ¿ibove was a cause of the death

of FELON NICOLE SMITH.

40. The Plaintiff, SHEARAL COLE, as Special Aclministrator of the Estate of FELON

NICOLE SMITH, deceased, brings this action pursuant to the provisions of 740ILCS 180/l et

seq., commonly known as the Wrongful Death Act of the State of Illinois.

41. The decedent, FELON NICOLE SMITH, is survived by her next of kin:

a) FIer daughter, Kyla Smith, age 18;

o) Her minor daugl-rter, C. C., age 14;

c) Her minor son, S. C., age 12; and

d) Her husband, Shearal Cole.

42. I'-ELON NICOLE SMITH's next of kin sulfered injuries as a result of her death,

including the loss of companionship ancl society and grief and sorrow, and FELON NICOLE

SMITH's next of kin have sustained significant pecuniary loss and loss of consortium, having
 suffered and will continue to suffer into the future as a result of the death of FEI-ON NICOLE
FILED DATE: 8/12/2019 12:37 PM 2019L008880

SMITH.

WHEREFORE, the Plaintiff SHEARAL COLE as Special Adrninistrator of the Estate of

FELON NICOLE SMITH, deceased, asks that a juclgrnent be entered against the Defenclant

CI-IICAGO TRANSIT AUTIIORITY, in such an amount which exceeds the jurisdiclional limit or

in such ar-ì amourlt sum that a Court or jury may deem fit and proper, plus costs of suit.

qOUNT II
A-GB -.I¡ry eslrsq-t! yç $ eryicq.s" I! ç.
(l{egligence)

43. Plaintiff adopts and re-alleges paraglaphs 1 througli 31 of the Common Allegations

as if fully set forth herein.

44. That at all times relevant, Defendant AGB thlough the AGB's respcctive agents,

servants and employees, named ancl unnamed, had a duty to exercise reasonable care for the safety

of Plaintiff's decedent, FELON NICOLE SMITH.

45. 'fhat at the aforesaid time and place, Defenclant AGB through the AGB's respective

agents, servants and employees, narned and unnamed, brezrched their duty by committing one or

more of the following acts and/or omissions in a careless and negligent manner:

a) failed to properly train its employees/agents to ensure the safety of CTA

patrons who enter the track area;

b) allowed or permitted the decedent to enter the track area in disregard fbr
the safety and well-being of the decedent;

c) failed to instruct the decedent to move under the platforrn off the tracks
alier irnproperly allowing or pelrnitting her to enter the tracl< area, in
disregard for the saf'ety ancl well-being of the dececlent;

d) failed to help or assist decedent off the tracks;

e) failed to warn the dececient of the presence of the incoming train;

 Ð failed to prornptly communicate or signal to the rail operator that the
decedent was in the track area so as to give warning to the rail operator to
FILED DATE: 8/12/2019 12:37 PM 2019L008880

reduce speed and/or stop tl-ìe train prior to entering the station and striking
decedeut.

g) l'ailed to get the tracl<s'power shut off, despite l<nowleclge of clececlent's

presence in the traclc;

h) failed to take the reasonable and necessary steps to ensure clececlent's safety
on the premises.

46. The death of decedent, FELON NICOLE SMITII, occurred as a proximate result

ol'one or more of the negligent acts an<J omissions of Defendant, AGB as listed above.

47 . The AGII's conduct as listed herein was a naterial elernent and a substantial factor'

in bringing about the injury and death of the decedent.

48. On June 27 ,2019, il the AGB ernployees/agents had excrcised rcasonablc ca.re in

monitoring the track area alier lcarning of FELON NICOLE SMITI-I's preseÍìce on the lrach area,

steps could have been taken to assist FELON NICOLE SMITH aI'ter she was on the tracks and to

prevent her dea[h, including rcmoving her from the tr¿rcl<s, alerting central command ¿rnd/or the

rail operator of her prcsence on the tracks, and/or turning off the power to the on-corning train

and/or tracks.

49. On June 27 ,2019, the failure to take the steps listed above was a cause of the death

of FELON NICOI-E SMTTH.

50. The Plaintilï, SIIEARAL COLE, as Special Administrator of the Estate of FELON

NICOLb, SMITH, cleceased, brings this action pursuant to the provisions of 140ILCS 180/1 et

seq., comrrìonly l<nown as the Wrongful Death Act of the State of Illinois.

-5I . The Decedent, FELON NICOLE SMITFI, is survived by her next of lcin:

a) Her daughter, I(yla Smith, age 18;

b) IIer minor daughter, C. C., age 14;

l0
 c) Her minor sor.r, S. C., age 12; and
FILED DATE: 8/12/2019 12:37 PM 2019L008880

d) Her husband, Shearal Cole.

52. FELON NICOLE SMITH's next of kin sufferecl injulies as a result of her death,

inclucling the loss of companionship and society and glief and sorrow, and FELON NICOLE

SMITI{'s next of kin have sustainecl significant pecunìary loss and loss of consortiutn, having

suffered and will continue to suffer into the future as a result of the death of FELON NICOLE

SMITFI.

WHEIìEFORE, the Plaintiff SHEARAL COLE as Special Aclministlator of the Estate of

FELON NICOLE SMITII, deceirsecl, asks th¿it a judgrnent be entered againsl- the Defenclant AGII

INVESTIGATIVE SERVICES, INC., in such an amount which exceeds the jurisdictional limit or'

in such an amounf sum that a Court or jury may deem fit and proper, plus costs of suit.

COUNT TII
(735 ILCS 5/27-62 Survival Action)

53. PlaintifÏ adopts and le-alleges paragraphs I through 31 of the Cornmon Aliegations

as if f'ully set forth herein.

54. FELON NICOLE SMITH sustained severe emotional and physical pain and

suffering prior to her death as the direct and proximate result of one or lrore of the Defenclants'

negligent conduct outlinecl above. FELON NICOLE SMITH would have been entitled to receive

compensation fiom the Def'endants, had she survived.

55. The PlaintifT, SI-IEARAL COLE, as Administrator of the Estate of FELON

NICOLE SMITH, deceased, brings this action pursuant to the Illinois Survival Statute, 735 II-CS

5/27-6.

WHEREFORE, the Plaintiff SHEARAL COLE as Special Adrninistrator of the Estate of

FELON NICOLE SMITH, deceased, asks that a judgrnent be entered against the Defendants

lt
 CHICAGO TRANSIT AUTHORITY and AGB INVESTIGATIVE SERVICES, INC., in such an
FILED DATE: 8/12/2019 12:37 PM 2019L008880

amount which exceeds the jurisdictional limit or in such an amount sum that a Coult ol july rnay

deem fit and pro¡rer, plus costs of suit.

COUINT IV
(Negligent F{iring ancl ftefcntion a gainst Chica go'tr'ransit,r\uthority)

56. Plaintil'l'aciopts ancl re-alleges paragraphs 1 through 3I of the Common Allegations

as il'lìrlly sct f'ortlr hcrcin.

57. Defèndant CTA had a duty to use reasonable care to select a security firm that was

competent, qualif ied and fit to perfbnl the duties reqr.rired to enf'orce CTA security and sal'ety rules

and protect the well-being and safèty ol rnembers of the public who utilized CTA trains and

pJzrtf'orn-rs such as the deccdent.

58. At all tirnes material, Delèndant CTA either dircctly ol through its urgents,

negligently hired, retained and/or supervised the agents/employees of Def'endant AGB whcn the

Delèndant CTA l<new or should have hnown that a failur-e to ¿ìppropriately evaluate, asscss and

intervene in the event of a pedestt'ian on the traclcs could result in severe injury and death.

59. Despite this knowledge, Defèndant CTA failed to exercise reasonable care in

hiring, retaining and/or sr-rper:vising platfbrm security agents of Delèndant AGB on the "69t1'

Strce( Red Line" statiorr.

60. Defèndant CTA knew, or should have known that Defendant AGB did not liave

the ability to hire and/or train qualified personnel for the transit security and saf'ety neecls of

Defèndant CTA.

61 . Defenclant CTA knew, or should have hnown that Defenclant AGB security guards

lacked the qualif ications and specific training to reasonably or aclequately enfolce CTA secLrrity

l2
 and safety rules ancl protect the well-being and safety of mernbers of the public who utilized CTA
FILED DATE: 8/12/2019 12:37 PM 2019L008880

trains and platfonns.

62. As a direct and proxirnate cause of the negligent hiring, retention zrnd supervisiorr

by Defèndant CTA of Defendant AGB, FELON NICOLE SMITII, suffered the fatal injulies

described herein.

WHEREFOIìE, the Plaintiff SHEARAL COLE as Special Administr¿rtor of the Estate of

FELON NICOLE SMITI-I, deceased, asks that a judgment be entered against the Defendant

CI{ICAGO TRANSIT AUTFIORITY, in such an amount which exceeds the julisdictional lirnit

or in such an amount sum that a Court or.jury may deem fit and proper, plus costs of suit.

COT]NIT V
(Ncgligcnt Training by Defendant Chicago Transit Authority)

63. Plaintiff adopts and re-alleges paragraphs I through 3 I o1'the Common Allegations

as if'fìrlly set l-orth hcrcin.

64. At all times m¿rterizrl, the operator of the train that struck FELON NICOLE

SMITH was either directly or through its agents, under the direction, supclvision and control of

Defèndant CTA.

65. Def-endant C'fA either directly or thror"rgh its agents, negligently trainecl the

operator of the train that struck FELON NICOLE SMITH when the Defèndant CTA knew or

should have lçnowu that its failure to properly train the operator could pose a threat of severe

injury ancl death to pedestrians on the tracks, including FELON NICOLE SMII'I-I.

66. Despite this knowledge, Defendant CTA either directly or through its agents,

failed to exercise reasonable care in the training of the operator of the train that struck FELON

NICOI.E SMITFI in the proper proceclures, assessÍnents and protocols to safely operate an

13
 electric colnlnuter tlain aud to reduce speed or stop the train in the event of a peclestrian on the
FILED DATE: 8/12/2019 12:37 PM 2019L008880

tracks.

67 . As a direct and proxirnate cause of the acts describecl above, FELON NICOLE

SMITII sufferecl the fatal injuries described herein.

WFIEREFORE, the Plaintiff SLIEARAL COLE as Special Adrninistrator of the Estate of

FELON NICOLE SMITH, deceased, asks that a judgment be entered zrgainst the Defendant

CHICAGO'|RANSIT AUTHORI'IY, in such an amount which exceeds the jurisdictional limit or

in such an amount sum that ¿r Court or jury may deem fit and proper, plus costs of suit.

ÇAUNT Y-I
(Negligent Training by f)efendants Chicago 'I'ransit Authority and/or AGB Investigative
Services,Inc")

68. Plaintiff adopts and re-alleges pal'agraphs 1 through 31 of the Common Allegations

as if fully set forth herein.

69. At all material times, security guarcls on the "69tl'street lìecl L,ine" station wele

either clirectly or through its agents under the direction, supervrsion and control of Defenclant

CTA and/or Defendalit AGB.

70. Defendant CTA and/or Defencl¿rnt AGts either directly or through its agents,

negligently tr¿rined security guards when Defendant CTA and/or Defendant AGB knew or should

have known that its failure to properly train platform security guarcls could pose a threat of

severe harm or death in the event zi pedestrian enters the track alea.

71. Despite this knowledge, Defendant CTA ancl/or Defendant AGB either clirectly or

through its agents, failed to exercise reasonable care in the training of platform security guarcls to

appropriaiely evaluate, assess and intervene to assist in the event of a pedestrian on the tracks.

l4
 72. As a direct ancl proximate cause of the acts described above, I.'ELON NICOLE
FILED DATE: 8/12/2019 12:37 PM 2019L008880

SMITH suffered the fatal injuries described herein.

WHEREFORE, the Plaintiff SHEARAL COLE as Special Aclministrator of the Estate of

FELON NICOLE SMITH, deceased, asks that a judgment be entered against the Defèndants

CHICAGO TRANSIT AUTIIORITY and AGB INVESTIGATIVE SERVICES, INC., in such an

amount which exceeds the.jurisdictional limit or in such all amount sum thât a Court orjury rnay

deem fit and proper, plus costs of suit.

Respectfully subrnittecl,

/s/ JeiTre)¡ J. Neslund

JEF'FREY J. NESLUND
One of the Attornel,s lbr Plaintiff
JEFF'REY J, NESLUND
Law Offices of Jeflì'ey J. Neslund
20 N. Wacker Drive, Suite 3710
Chicago, Illinois 60606
(3t2) 223-1L00
Attorney No.: 4l 155

THOMAS J. I-IYLAND
Hyland Law Ltcl.
20 N. Wacker Drive, Suite 3710
Chicago, Illinois 60606
(108) 712-9668
Attorney No.: 61790

t5
 Attorney #:41155
IN THE CII{.CUIT COURT OF' COOK COUINTY,ILLII{OIS
COUI.ITY DtrPARTMEI{T, LAW DIVISION
FILED DATE: 8/12/2019 12:37 PM 2019L008880

SHEARAL COLE, as Special Administratolof the )

Estate of FELON NICOLE SMITH, Deceased, )
)
Plaintiff, )
) No.
)
)
CHICAGO TRANSIT AUTHORITY; UNI(NOWN)
EMPLOYEES/AGENTS OF CI_IICAGO TRANSIT)
AUTHORITY;AGB INVESTIGATIVE )
SERVICES, INC.; and UNI(NOWN EMPLOYEES/)
AGENTS OF AGB INVE,STIGATIVE, SERVICES,)
INC., )
Defendants. )

AFFIDAVIT PURSUAN

I, Jeffrey J. Neslund, one of plaintiffs attorneys, on oath states that this affidavit is macle

pursuant to Supleme Conrt Ptule 222(b);

t. Upon information and belief, the total amoutrt of money damages ght in the

above-captioned matter exceeds FIFTY TI{OUSAND DOLLARS ($50,-000.00)

FURTHER AFFIANT SAYETH

yJ.
One of t
Subscribed and Sworn to before me this
_Í&"rn' day of _,&_t tfu_e{*l' 20 jq .

., (pu*rrttu!¿t - \^e9^.1\r1r'rrr.lv4\ 5
NOTARY PUBLIC OFFIOIAT SF¡t
MURAGORONADO
NOTARY PUËtICI " STATE ÕF ItIINOIS
JEFFREY J. NESLUND MV CCIMMISSION ËXPIRËS:07/17I21
Law Offices of Jeffrey J. Neslund
20 N. Wacker Drive, Suite 3710
Chicago, Illinois 60606
(312) 223-r100
Attorney No.: 41155