Del Real v. Northeast Illinois Regional Commuter Railroad Corp.

This cause of action arose when plaintiff Ana Del Real (plaintiff) allegedly slipped and broke her back while attempting to enter a train platform owned and operated by defendant Metra Electric Line (Metra). Plaintiff sued Metra for damages claiming breach of contract and negligence. Metra moved to dismiss pursuant to section 2 — 619 of the Illinois Code of Civil Procedure (735 ILCS 5/2 — 619 (West 2006)), contending that there was no contract of carriage and that Metra was immune from plaintiff’s negligence claims pursuant to the Local Governmental and Governmental Employees Tort Immunity…