Batavia children's theater group defends lawsuit

A Batavia-based children's theater company is defending itself against a lawsuit in which a minor seeks damages after getting injured during the 2015 production of "Aladdin."

The Spotlight Theater Company contends in court documents the girl - identified in the lawsuit as Janie Doe - bears some, if not all, of the responsibility for any injuries sustained in the play.

Marion Morawicz, the plaintiff's attorney, argues in the lawsuit her client was "severely and permanently injured" and suffered "severe and permanent disability and disfigurement" the night of Feb. 21, 2015, when enrolled in the company's classes and working on the theater production.

Morawicz argues the theater company was negligent in protecting the safety of Janie Doe, who was picking up confetti shot from a cannon at the end of Act 1. The 5-foot-8-inch girl exited the stage near the rear curtains and struck her head on a light that was only mounted five feet off the ground, according to the lawsuit.

The suit, in which Doe's parents also are listed as plaintiffs, seeks damages under the state's Family Expense Act.

Spotlight attorney Kaylea Weiler argued in court papers the light was placed in a conspicuous spot, "open and obvious to all participants on stage," and the girl knew other stagehands were supposed to sweep up the confetti.

"Said injuries were proximately caused by plaintiff's minor's breach of her duty to exercise reasonable care for her own safety, when she negligently and voluntarily bent over to pick up confetti directly below the stage light and failed to exercise caution and keep a proper lookout to avoid bumping her head when she stood up," Weiler says in court records.

Morawicz has declined to comment on the case.

The two sides are due in Kane County court March 15.

The lawsuit seeks unspecified damages of more than $50,000, records show. The theater company serves people 5 to 18.