Mother of Girl Hit By Bus Sues CTA

The mother of a baby girl who was struck and killed by a CTA bus on Memorial Day is suing the transportation 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 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.

A resident who lives in that block told reporters that the girl had run out in to the busy street once before, but a woman pulled her off the road. The accident happened the second time she ran out.

Cherish was initially pinned under the bus, witnesses said. 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.

Upshaw spoke with NBC 5 at a vigil held for the child the day after the accident. She said she had left Cherish with a neighbor for a moment when the accident occurred.

"I left for a second just to retrieve her bike. I thought she was with people who were keeping an eye on her," Upshaw said.

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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