A chaperone for youth activities has settled his claims in a suit alleging he was injured when his hand was crushed by a gate roller.
The parties filed a stipulation for dismissal on March 2, stating that the case has settled and the action may be dismissed.
Madison County Circuit Judge David Dugan granted the request and dismissed the case with prejudice on March 4.
Michelle R. McCauley, as mother and next friend of Connor Maguire, a minor, filed the complaint on Aug. 21 against Riverbender.com Community Center Inc., Riverbender.com Properties LLC and John Hentrich.
In her complaint, McCauley alleged 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 alleged 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.
In their answers to the complaint, the defendants denied liability. They argued 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.”
The plaintiffs were represented by Brian Wendler of Wendler Law PC in Edwardsville.
The defendants were represented by James DeFranco of DeFranco & Bradley PC in Fairview Heights.
Madison County Circuit Court case number 18-L-1080