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Mother of baby struck and killed by CTA bus sues

Cherish Meyers died after being struck by CTA bus Memorial Day. On Thursday her mother filed lawsuit against transit agency.

Cherish Meyers died after being struck by a CTA bus on Memorial Day. On Thursday, her mother filed a lawsuit against the transit agency. | Sun-Times File Photo

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Updated: June 5, 2014 7:55PM



The mother of a baby girl who was struck and killed by a CTA bus on Memorial Day is suing the transit agency, claiming the driver was careless.

La’Tasha Upshaw, mother of 19-month-old Cherish Myers, filed the lawsuit against the CTA Thursday in Cook County Circuit Court.

Upshaw’s suit claims the driver of the No. 6 Jackson Park Express that hit her daughter was driving carelessly as Cherish crossed the street in the 7700 block of South Shore Drive on the afternoon of May 26.

Authorities said at the time Cherish had run in to the street about 3:20 p.m. When the bus driver spotted the child, the driver tried swerving the bus to avoid hitting her but couldn’t in time, authorities had said.

A resident who lives in that block told the Sun-Times at the time that the girl had run out in to the busy street once, not long before the accident, but a woman had pulled her back to the sidewalk. The accident happened the second time she ran out, the Sun-Times previously reported.

Cherish was initially pinned under the bus, witnesses told the Sun-Times. She was taken to University of Chicago Comer Children’s Hospital, where she was pronounced dead, according to the medical examiner’s office.

Upshaw claims the driver did not maintain proper speed and failed to properly swerve to avoid hitting Cherish. The suit claims Cherish’s family, including her father and siblings, have suffered emotionally and financially after her death.

A spokeswoman for the CTA said the agency will not comment on the pending litigation.

The two-count suit claims wrongful death against the CTA and seeks reimbursement for medical and funeral expenses. The driver is not named as a defendant in the suit.

Upshaw is asking for at least $50,000 in damages.



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