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Case Law Update: Duty of Care in Premises Liability

Pence v. Northeast Illinois Regional Commuter Corporation, No. 1-08-3668 (2-3-10) found that when the plaintiff parked his car in Metra parking lot, and walked diagonally across the street, and in middle of street tripped on bolt protruding from railroad tie. Metra owed no duty to Plaintiff as he was not a passenger, as he had not yet boarded train and had not purchased train ticket that morning, even though Plaintiff stated that he had monthly train pass and intended to board train. Plaintiff was not in a crosswalk at time of his fall, thus he was not intended user of middle of street and Metra owed no duty of care to him. This case will impact Illinois premises liability law.