Batavia man sues over townhouse floor collapse

A Batavia man is suing for damages from a January 2013 incident in which he and others fell at least one story when the floor to a townhouse broke open.

Benjamin Amelse sustained broken bones and other injuries and has filed a negligence lawsuit in Kane County, according to his attorney and court records.

The lawsuit argues that Amelse and others were at a townhouse on the 300 block of Wolcott Lane, Batavia, on Jan. 10, 2013, when the floor broke open.

Amelse and others were invited by defendants Michael Christofersen and Robert Lowe, who invited them to the townhome's second floor to see what they thought would make a good "music room," according to the lawsuit.

"Plaintiff took approximately one step into the music room and remained there while others moved about the music room," the lawsuit stated. "As the defendants walked throughout the music room, they caused the floor to the room to crack open, causing the plaintiff and other defendants to fall to the first floor of the townhouse."

The lawsuit argues the townhouse owners failed to warn Amelse about the supposedly faulty floor.

Larry Amoni, the attorney representing Amelse, could not immediately detail all of his client's injuries, but said he required hospitalization from the fall.

"These are significant injuries. He shattered some bones," Amoni said. "Obviously, there was nothing done to aid Mr. Amelse with his medical bills and other losses which the law entitles him to."

A message left for Christofersen was not immediately returned.

The lawsuit seeks unspecified damages and is due to be heard in court Jan. 22.