Schusse v. Pace Suburban Bus Division of the Regional Transportation Authority

PRESIDING JUSTICE CAMPBELL

delivered the opinion of the court:

Plaintiff Malcolm Schusse appeals an order of the circuit court of Cook County dismissing his claim against defendant Pace Suburban Bus Division of the Regional Transportation Authority (Pace, RTA) for spoliation of evidence.

The record on appeal discloses the following facts. On December 30, 1989, plaintiff, an employee of defendant, was driving a Pace bus when the driver’s seat collapsed, allegedly causing a spinal cord injury to plaintiff. That same day, plaintiff made a statement regarding his injury in a worker’s compensation…