Family sues Wheaton gym over death of 7-year-old boy
The estate of a 7-year-old Glen Ellyn boy has filed a wrongful-death lawsuit against a Wheaton children's gym and its parent company, alleging he suffered fatal injuries as a result of negligence during a zip line ride.
In the six-page complaint filed in Cook County, representatives for the boy's estate claim My Gym in the Danada Square East shopping center failed to properly design, install and operate the "Space Flight" zip line that Brady Daniel Doherty used during a friend's birthday party Sept. 30. The boy's family seeks unspecified damages.
A second-grader at St. Petronille Catholic School, Brady struck a steel support for the gym's zip line and "then impacted the floor," according to the suit. He died Oct. 2.
Michael Demetrio, a Chicago attorney representing the boy's estate, called the "Space Flight" ride "one of the most dangerous setups of any kind" he's seen in 40 years of practicing law.
"It's the strong desire of the family, in addition to seeking what the law provides, that every step is taken to prevent another life like Brady's from being lost, not only here but across the country where My Gym operates," Demetrio said.
The lawsuit accuses the gym of 18 "negligent acts," including its failure to properly supervise Brady during the zip line ride.
"When a spotter assigned by My Gym failed to follow Brady, he was vaulted into an unpadded pole, then plummeted to the floor, striking his head on an unpadded cement floor," a news release from the Corboy & Demetrio law firm states. "Brady, who had not been provided either a harness or helmet, died on Oct. 2, 2018, due to massive skull and brain injuries."
Demetrio said he has obtained a court order to halt use of the "Space Flight" ride at the My Gym in the Wheaton shopping center at the northeast corner of Butterfield and Naperville roads. The lawsuit also claims the play center did not inform the city of Wheaton of its plans to install and use the zip line "as it was required to do" and failed to allow city inspections of the ride equipment.
Named in the suit as Brady's heirs are his father Dan Doherty, his mother, Colleen, and his brother Sean. A spokeswoman for his law firm said Brady's family members would not be available for interviews, but Demetrio said they are devastated by his death. His mother was present at the birthday party in the gym, Demetrio said.
An initial status date in court has not yet been set.
Marcia Horowitz, a spokeswoman for the My Gym franchise, said the ride has remained closed since Brady's death.
"Our hearts go out to the family over this tragic loss," Horowitz said in an email. "The Space Flight (zip line) has been closed in all our locations since this incident. The safety of our families and their children is our highest priority. We cannot comment further as this is on-going litigation."