Cougars settle lawsuit over 2012 storm that injured 3 at volunteer event
The Kane County Cougars have settled a lawsuit from three women seeking damages who were injured after a severe storm swept through the stadium in 2012 during a volunteer event.
Terms of the settlement were not disclosed in Kane County court records and attorneys declined to comment on the monetary amount though there was no confidentiality agreement.
The lawsuit argued the minor league baseball team, vendor Professional Sports Catering, and others were negligent in their response to a storm Aug. 4, 2012.
"As much as a storm might be visible to everyone, if you're out volunteering or in a stadium, you don't know the magnitude of the storm," said Robert Bindle, attorney for the women. "(The defendants) had prior knowledge (of the storm). Ultimately, they did the right thing (in settling)."
Abigail Gaffney and Erin Gautille, who were seniors at St. Charles East High School at the time, along with Gaffney's sister, Mary, then a recent Northern Illinois University graduate, were injured by flying debris at the stadium, the lawsuit argued.
Bindle said Mary Gaffney suffered a fractured skull and to this day has headaches and cognitive issues. "She certainly had the most severe injury," Bindle said. "Mary is doing OK but she's living with her injuries."
Gautille suffered a broken wrist, elbow and fractured ribs requiring surgery, and Abigail Gaffney had a bruised leg.
The lawsuit argued the Cougars, and the catering and tent company failed to move the volunteers to a safe area.
Professional Sports Catering argued the company should not be liable for any injuries, and the injuries and damages were "solely caused by an act of God beyond the control of this party defendant."
Sarah Kornaus, of Smith Amundsen LLC, which is the law firm representing the Cougars, said the firm had no comment on the settlement.
Cougars Communication Coordinator Jacquie Boatman had no comment.
Kevin Owens, the attorney for Professional Sports Catering, declined to comment.
Other defendants, such as Aurora Tent and Awning, Inc., Weather Command, and the Kane County Forest Preserve District, were dismissed from the lawsuit long before it was settled in early May, according to court records.