CHICAGO (CBS) — A judge has set a Feb. 18 trial date in a dispute between a musician and the CTA over a damaged viola.

The CTA is refusing comment, but attorney Kevin Case said he even spoken directly with CTA President Forrest Claypool about it during a chance encounter on the Pink Line, to no avail.

He claimed Claypool told him the accident never occurred. Case said he has two sworn affidavits from witnesses, and photos of the viola moments after it was crushed aboard a 6/Jackson Park Express bus in April 2012.

“She’s sitting in the ‘turntable’ section (at the middle of the articulated bus). She moves her viola to the right. There’s a little space there. The bus turns and the viola is crushed between the side of the bus and her seat,” Case said.

Case said he believes CTA is clearly responsible for the damages. Repairs were made to the viola, but Case said Dayner tells him it is not the same. He said CTA offered a “token” settlement, which only made Dayner more determined to take it to court.

Dayner valued the viola at $15,000 before the accident. Case said repairs, other expenses, and the diminished value of the rebuilt viola have cost his client at least $10,000.

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