A lawsuit filed by a former student at Marmion Academy in Aurora seeking damages after he said he was injured in a spring 2010 science experiment has been dismissed.
The private school and Zachary Bennett, of Aurora, recently reached an undisclosed, out of court settlement, according to attorneys in the case and Kane County court records.
"The matter has been resolved to the mutual satisfaction of both parties," Marmion attorney Bret Franco said in an email.
The woman at the office of attorney Michael Clancey, who represented Bennett, said Clancy would not comment because the settlement contained a confidentiality agreement.
According to the lawsuit, Bennett was injured May 11, 2010, during a science experiment. At first, Bennett's hand was coated with a polyacrylate solution to act as a heat barrier below a layer of soap bubbles filled with methane gas. The bubbles were set on fire and the solution protected the hand of Bennett, who has since graduated.
The teacher, who approved the experiment, and class wanted to expand the experiment by putting the solution on Bennett's entire body. He panicked and slipped on the floor, falling forward and hitting his face, according to the lawsuit.
In court documents, Clancy argued the teacher was negligent in expanding the experiment. In response, Franco contended that Bennett was not burned during the experiment, only slipped at the end of it, and that the Illinois School Code provides schools with immunity in negligence lawsuits.
Judge James Murphy agreed to dismiss the case, records show.