Madison - St. Clair Record

Tuesday, October 15, 2019

Community center denies liability in suit alleging Riverbender chaperone injured hand


By Heather Isringhausen Gvillo | Oct 29, 2018

A community center argues that a chaperone for youth activities caused his own injuries when his hand was allegedly crushed by a gate roller.

Michelle R. McCauley, as mother and next friend of Connor Maguire, a minor, filed the complaint on Aug. 21 against Community Center Inc., Properties LLC and John Hentrich.

In her complaint, McCauley alleges that on Jan. 26, Maguire was at the defendants’ premises serving as a chaperone for youth activities when his hand was crushed in a gate roller.

Maguire allegedly suffered great pain and mental anguish, medical expenses and disfigurement.

The plaintiff alleges the defendants breached their duty to properly install a gate that would function properly, failed to properly maintain and lubricate the gate and failed to give adequate warning of any danger. Community Center and Hentrich answered the complaint on Sept. 24 through attorney James DeFranco of DeFranco & Bradley PC in Fairview Heights.

In their affirmative defenses, the defendants argue that the plaintiff’s alleged injuries were caused by his own conduct “in placing his hand in a pinch point, grabbing the gate in an unsafe area, or otherwise failed to exercise due care for his own safety.” Properties answered the complaint on Oct. 3 through attorney Marcus Raymond of Maryland Heights, Mo.

The defendant denies liability and also argues that Maguire caused his own alleged injuries by “carelessly placing his hand in a pinch point, grabbing the gate in an unsafe area, failing to heed warnings and/or instructions, or otherwise failing to exercise due care for his own safety.”

On Oct. 9, McCauley denied any and all affirmative defenses.

The plaintiffs seek a judgment in excess of $50,000, plus costs. They are represented by Brian Wendler of Wendler Law PC in Edwardsville.

Madison County Circuit Court case number 18-L-1080

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DeFranco & Bradley, P.C. Wendler Law PC

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