A lawsuit filed by relatives of a Naperville man who died saving a boy from the Fox River at the Geneva dam in August 2011 will next be up in court in October.
The attorney for relatives of Randy Suchy, 59, who died saving a 12-year-old Bolingbrook boy who slipped and fell into the water while on a church outing, has until then to amend his lawsuit.
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After a brief hearing Thursday, defense attorneys for the city and Geneva Park District reiterated their argument that the two entities are immune from liability, and because people know the area is dangerous, they don't have to fix or correct it.
"There's no duty or obligation under the Tort Immunity Law," said Bill Kurnik, attorney for the city of Geneva. "It's open and obvious so there's no duty to correct anything."
Kurnik and another attorney argued that the city and park district were not liable because neither entity has control over the Fox River.
The case is due back before Judge James Murphy Oct. 13.
David Wise, attorney forSuchy's relatives, has argued that the city knew about the dangers of the dam but failed to restrict access to it.