Club Xcursion hit with wrongful death suit

Steve Gonzalez Sep. 6, 2007, 12:00pm

The estate of David Leon Maple, Jr. filed a wrongful death suit against Club Xcursion in Madison County Circuit Court Aug. 31, alleging Maple was shot and killed by another customer at the nightclub.

According to the complaint, Maple was at the club on Sept. 3, 2006, when "John Doe" shot and killed him.

His estate claims Club Xcursion knew John Doe was dangerous and had a propensity for violence with deadly weapons.

"There were multiple shootings and acts of violence at Club Xcursion before September 3, 2006," the complaint states.

Maple's estate claims the club is negligent for failing to prohibit John Doe from entering the building, failing to provide adequate security to protect customers from John Doe, failing to warn customers about John Doe and failing to provide their employees with adequate training and resources to protect customers.

The estate further alleges the club failed to prepare an adequate security plan that ensured customers were safe and free from harm.

"Defendant should have closed Club Xcursion when they knew or should have known that they were unable to protect David Leon Maple, Jr., and other customers from the dangerous John Doe," the complaint states.

His estate claims that due to the alleged negligence of the nightclub, it is entitled to damages under the Illinois Wrongful Death Act, including the loss of money, benefits, goods, services and society.

In addition to damages under the wrongful death statute, the estate is seeking damages under dram shop laws alleging John Doe became intoxicated from the alcohol he purchased and consumed at the club.

"John Doe's intoxication caused or contributed to cause a violent rampage, which resulted in John Doe shooting and killing Maple," the complaint states.

Represented by Brian McChesney of St. Louis and Jon Rosenstengal of Belleville, Maple's estate is seeking damages in excess of $200,000, plus costs of the suit.

The case has been assigned to Circuit Judge Andy Matoesian.

07 L 778

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