In a recent case that highlights the importance of proper safety measures in sports facilities, Chute, O’Malley, Knobloch & Turcy, LLC (COKT) attorneys have successfully argued against the Joliet Slammers and the City of Joliet in a lawsuit filed by an injured fan.
In August 2022, the Plaintiff attended a Joliet Slammers game at Duly Health and Care field, sitting behind the third base line. Due to insufficient and improperly tapered netting, the Plaintiff was struck in the head by an errant baseball bat released by a Joliet Slammers player. As a result, the Plaintiff suffered severe facial orthopedic and nerve injuries.
Legal Analysis and Implications
The Joliet Slammers and the City of Joliet sought to dismiss the case, arguing that they were shielded from liability under the Illinois Baseball Facility Liability Act. However, COKT attorneys, led by Josh Goeppner and Tom Chute, presented a compelling argument that the Act does not provide “blanket immunity” for baseball owners. They asserted that there was sufficient evidence to support the claim that the Defendants consciously disregarded the risks posed to fans in attendance.
Allegations of Conscious Disregard
On March 5, 2024, Will County Circuit Judge Rodger Rickmon denied the Defendants’ Motion to Dismiss. After reviewing the briefs and hearing oral arguments from the attorneys, the Court sided with the Plaintiff, stating that the willful and wanton counts alleged in the lawsuit were to stand and that the Plaintiff had adequately stated a cause of action against the Joliet Slammers and the City of Joliet.
The Significance
This case serves as a reminder that sports facility owners and operators have a responsibility to ensure the safety of their patrons. It also demonstrates the importance of having experienced and dedicated attorneys who can effectively argue on behalf of injured clients and hold powerful entities accountable for their actions or inactions.
Helping You Level the Playing Field
At Chute, O’Malley, Knobloch & Turcy, LLC, our team of experienced attorneys is committed to helping clients navigate the complexities of personal injury lawsuits. We understand that success in these cases requires the right combination of experience, knowledge, and dedication. Our attorneys work tirelessly to ensure that our clients receive the compensation they deserve, leveling the playing field against big insurance companies and powerful corporations.
If you or a loved one has been injured due to the negligence of others, contact us at (630) 413-4747 for a free consultation. Let our team fight for you and help you achieve the justice you deserve.