Cary schools freed from injured ballplayer's lawsuit
A judge Wednesday dismissed Cary Elementary School District 26 from a lawsuit blaming it, and a private school to which it leases property, for serious injuries a 13-year-old boy suffered after running face first into a metal stake posted in a baseball field.
McHenry County Judge Maureen McIntyre sided with a school district attorney who argued that state law gives school districts immunity from lawsuits alleging negligence by people under its supervision or on property it allows others to use.
"We're glad to be out of the case," school district attorney James Phelan said afterward.
McIntyre, however, let stand portions of the lawsuit against Trinity Oaks Christian Academy, which leases the school property where the injuries occurred.
The boy, Kurtiss Lazzerini, and his father sued the academy and District 26 after he was injured May 4, 2006, during a baseball practice on school grounds. The suit sought at least $50,000 in damages from each defendant.
According to court documents, the boy was attempting to catch a fly ball in right field when he collided with a 3-foot tall metal spike, causing a large cut on his face that required 50 stitches to close.
The green-colored stake, court documents state, had been placed in the ground earlier that day as part of preparations for a charity race the school was sponsoring the next day.
Phelan, who also represents Trinity Oaks, did not ask McIntyre to dismiss negligence claims against the school Wednesday, but unsuccessfully requested she throw out portions of the lawsuit accusing the school of "willful and wanton conduct" leading to the boy's injuries.
Lazzerini attorney Scott Hiera argued that the actions of the school showed conscious disregard for the safety of the baseball players.
"They put green stakes in green grass in an area they knew someone could fall down," he said.
McIntyre also let stand the school's countersuit against Lazzerini's father, claiming his negligent supervision of his son contributed to his injuries.