STATE OF ILLINOIS )
) SS:
COUNTY OF COOK )
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
FRANK DELLA, JR., a minor, by
FRANK DELLA, SR., )
Guardian of his Estate; STEPHEN
FRIEDECK, a )
minor, by LORRAINE FERRARIS,
his mother and next )
friend; JOSEPH ANTHONY
GRAZIANO, a minor, by )
JOSEPH GRAZIANO, his father
and next friend; )
LINDA ZAGONE, a minor, by
ELEANOR ZAGONE, her )
mother and next friend; PATRICIA
MONTANO, a )
minor, by PASQUALE MONTANO, her
father and )
next friend,
)
)
Plaintiffs,
)
) NO. 59C 8711
vs
)
)
CATHOLIC BISHOP OF CHICAGO, ARCHDIOCESE
OF )
CHICAGO, a Corporate Sole
and CITY OF )
CHICAGO, a Municipal
corporation, )
)
Defendants. )
COMPLAINT AT LAW
Now
comes FRANK DELLA, SR., duly appointed Guardian of the Estate of FRANK DELLA, JR.,
a minor; STEPHEN FRIEDECK, A MINOR, by LORRAINE FERRARIS, his mother and next
friend; JOSEPH ANTHONY GRAZIANO, a minor, by JOSEPH GRAZIANO, his father and
next friend; LINDA ZAGONE, a minor, by ELEANOR ZAGONE, her mother and next
friend; PATRICIA MONTANO, a minor, by PASQUALE MONTANO, her father and next
friend; by and through their attorneys, RAYNOR, MITCHELL and JOSEPH, and
complain of the defendants, CATHOLIC BISHOP OF CHICAGO, ARCHDIOCESE OF CHICAGO,
a Corporate Sole, and CITY OF CHICAGO, a Municipal corporation, as follows:
1.
That on or about December 1, 1958, the defendant, CATHOLIC BISHOP OF CHICAGO, ARCHDIOCESE
OF CHICAGO, a Corporate Sole, did own, operate, maintain and control certain
premises in the City of Chicago, County of Cook, State of Illinois, which
premises are legally described as follows:
Lots 18 to 24
and a half vacated alley lying West and adjoining, and Lots 25 to 30 and the
South 16 feet of Lot 31 and one-half vacated alley lying East and adjoining in
Block 1 in Garfield Park Addition being a Subdivision of part of the East one-half
of the Southwest of the Southwest 1/4 in Section 2,
Township 39
North, Range 13, East of the Third Principal Meridian;
which premises were commonly
described as 3816 to 3820 West Iowa Street.
2.
That on
the aforesaid premises of the defendant,
CATHOLIC BISHOP OF CHICAGO, ARCHDIOCESE OF CHICAGO, a Corporate
Sole, did own, operate, maintain and control a certain school,
which school was commonly referred to as "OUR LADY OF ANGELS",
and, in conjunction therewith did own, operate, maintain, and
control a certain building there located, housing said school.
3.
That on
the date aforesaid, the defendant, CITY
OF CHICAGO, a
Municipal corporation, was a duly constituted and existing municipality by
virtue of the statutes of the State of Illinois, and empowered by law with
certain rights, duties and obligations.
4.
That at
all times concerned herein the plaintiffs,
FRANK DELLA, JR., a minor, STEPHEN FRIEDECK, a minor, JOSEPH
ANTHONY GRAZIANO, a minor, LINDA ZAGONE, a minor and PATRICIA
MONTANO, a minor, were students at said school and paying a
tuition therefore, and at all times concerned herein were right
fully and lawfully on and upon said premises and were in the
exercise of all due care and caution required by them of law.
5.
That it
then and there became the duty of the
defendant, CATHOLIC BISHOP OF CHICAGO, ARCHDIOCESE OF CHICAGO,
a Corporate Sole, to own, operate, maintain and control said
school and building in such a manner so as not to negligently
cause injury to persons lawfully and rightfully thereupon,
especially the plaintiffs herein.
6.
That it
then and there became the duty of the
defendant, CITY OF CHICAGO, a Municipal corporation, by and
through its agents and servants to operate, maintain, control
and execute its municipal activities and functions in such a
manner so as not to negligently cause injury to persons,
especially the plaintiffs herein.
7.
That
notwithstanding the foregoing duty, the de-fendant, CATHOLIC BISHOP OF
CHICAGO, ARCHDIOCESE OF CHICAGO,
a Corporate Sole, by and through its agents and servants,
were negligent in one or more of the following ways:
A. Carelessly and
negligently maintained said
building in a dilapidated and antiquated manner
and in a general state of disrepair.
B. Carelessly
and negligently failed to take
proper safety precautions with regard to said
premises.
C. Carelessly and
negligently failed to instruct
and advise supervisory personnel thereupon en
trusted with the care and control of students
therein with proper precautions and measures to
insure the safety of said students therein.
D. Carelessly and
negligently permitted debris to
accumulate on and upon said premises, which accumu-
lation constituted a dangerous and hazardous
condition.
E. Carelessly and
negligently stored highly com-
bustible materials on and upon said premises when
such storage constituted a dangerous and hazardous
condition.
F. Carelessly
and negligently failed to provide
adequate fire extinguishing equipment, on and
upon said premises.
G. Carelessly and
negligently failed to inspect
fire extinguishing, equipment on and upon said
premises for long periods of time.
H. Carelessly
and negligently failed to install and maintain adequate fire alarm system.
I. Carelessly
and negligently failed to instruct the students in said school in regular
fire-drill procedures or as to reasonable conduct in event of an emergency.
J. Carelessly and
negligently employed persons who the defendant knew or in the exercise of
reasonable care should have known were negligent and incapable of reasonable
maintenance of said premises.
K. Carelessly
and negligently failed to provide a safe means of ingress and egress when such
defendant knew or in the exercise of reasonable care should have known such
failure constituted a dangerous and hazardous condition on and upon said
premises.
L. Carelessly and
negligently permitted fire hazards to exist on and upon said premises for long
periods of time when they knew or in the exercise of reasonable care should
have known said condition constituted a dangerous and hazardous condition on
and upon said premises.
M. Carelessly and
negligently failed to warn the plaintiffs herein or their parents or guardians,
of the dangerous and hazardous conditions that therein existed.
N. Carelessly
and negligently failed to employ personnel trained in the use of fire extinguishing
equipment there located,
0. Carelessly and
negligently permitted excessive number of students to occupy the facilities on
and upon said premises when the defendant knew or in the exercise of reasonable
care should have known that said overcrowding constituted a dangerous and
hazardous condition.
P. Carelessly and
negligently failed to maintain adequate firs doors and fire insulation on and
upon said premises.
Q. Carelessly and
negligently failed to enclose the stairwells and stairways on and upon said
premises when the defendant know said failure created a dangerous and hazardous
condition on and upon said premises.
R. Carelessly and
negligently failed to construct and maintain said premises of such fire
resistant materials as would contain or delay the spread of a conflagration on
and upon said premises.
S. Carelessly and
negligently and deliberately operated the said school and school structure so
that the same was highly dangerous to life and limb and constituted a dangerous
fire trap to the students attending same.
T. Carelessly and
negligently for long periods of time failed to make repairs and improvements so
as to conform to reasonable standards of safety and health for students.
U. Carelessly and
negligently failed to maintain and construct fire escapes and fire exits or
other means of egress in an emergency.
V. Carelessly
and negligently failed to immediately turn in a fire alarm or notify the proper
authorities immediately upon discovery of a fire on and upon said premises.
W. Carelessly
and negligently maintained and operated said building contrary to the following
ordinances of the City of Chicago:
Chapter Section
54 3
54 5
54 8
54 8.1
54 8.2
54 8.5
54 8.7
90 4
90 10.2
90 13
90 14
90 15
90 16
90 17
90 22
90 22.1
90 24
90 25
90 44
90 44.1
90 47
90 48
90 49
90 62
90 63
41.1 6
64 3
90 21
44 2
54 2
48 13.1
54 8.3
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8. That
notwithstanding the foregoing duty, the defendant, CITY OF CHICAGO, a Municipal
corporation, by and through its agents and servants, was negligent in one or
more of the following ways :
A. Carelessly
and negligently failed to enforce
adequate and reasonable safety requirements for
the premises in question.
B. Carelessly
and negligently failed to make
regular inspections of the premises in question,
C. Carelessly
and negligently engaged in a
pattern of conduct which consistently and regular-
ly exempted the said school from maintaining
reasonable standards of safety.
D. Carelessly
and negligently failed to warn the
plaintiffs herein of the dangerous and hazardous
conditions that existed on and upon said premises.
E. Carelessly
and negligently permitted the occur-
pation of said premises when said defendant knew or
should have known of the dangerous and hazardous
condition there existing.
F. Carelessly
and negligently misled the plaintiffs
and general public to believe that said premises
were regularly inspected and safe from danger to
life and limb from fire.
G. Carelessly
and negligently violated ordinances
of the City of Chicago as follows:
Chapter Section
12 25
12 27
12 28
12 29
12 30
43
4
44
2
46 2
46 5
90 4
90 5
90 48
9.
That the defendant, CITY OF CHICAGO, continued said negligence aforesaid for
long periods of time prior to the date in question and said defendant knew or
in the exercise of reasonable care should have known that said negligence permitted
a dangerous and hazardous condition to exist for a long period of time on and
upon said premises and the defendant, CITY OF CHICAGO, knew or in the exercise
of reasonable care should have known that serious injuries were forseeable as
the result of said negligence.
10,
That as a direct and proximate result of one or more of the foregoing acts of
negligence, a conflagration started and/or spread on and upon said premises and
as a result thereof, the plaintiffs herein and each of them became sick, sore,
lame and disordered and suffered severe bruises, contusions, fractures,
lacerations and burns and will in the future continue to so suffer; and, did
suffer great pain and mental anguish and will in the future continue to so
suffer; and, did expend and become obligated for and will in the future expend
and become obligated for large sums of money in an effort to cure themselves;
and, were unable and in the future will be unable to attend to
their
usual regular duties and chores; and, have become severely disfigured, maimed, scarred
and permanently injured, thereby preventing and foreclosing each of them from
earning those sums of monies that they would have normally earned were they not
so injured,
11.
That heretofore the respective parents and next friend of the minor plaintiffs
herein have assigned and set over unto said minors all claims, rights or
demands which they now have or which in the future they may have for
expenditures made on behalf of said minor children in an effort to cure
themselves of their injuries so sustained.
WHEREFORE,
the plaintiff, FRANK DELLA, JR., a minor, by FRANK DELIA, SR., Guardian of his
Estate, prays judgment against the defendants, CATHOLIC BISHOP OF CHICAGO,
ARCHDIOCESE OF CHICAGO, a Corporate Sole, and the CITY OF CHICAGO, a Municipal
corporation, and each of them, in the sum of THREE HUNDRED FIFTY THOUSAND ($350,000.00)
DOLLARS and prays for trial by Jury.
WHEREFORE,
the plaintiff, STEPHEN FRIEDECK, a minor, by LORRAINE FERRARIS, his mother and
next friend, prays judgment against the defendants, CATHOLIC BISHOP OF
CHICAGO, ARCHDIOCESE OF CHICAGO, a Corporate Sole, and the CITY OF CHICAGO, a
Municipal corporation, and each of them, in the sum of THREE HUNDRED FIFTY
THOUSAND ($350,000.00) DOLLARS and prays for trial by jury.
WHEREFORE,
the plaintiff, JOSEPH ANTHONY GRAZIANO, a minor, by JOSEPH GRAZIANO, his father
and next friend, prays judgment against the defendants, CATHOLIC BISHOP OF
CHICAGO, ARCHDIOCESE OF CHICAGO, a Corporate Sole, and the CITY OF CHICAGO, a
Municipal corporation, and each of them, in the sum of THREE HUNDRED FIFTY
THOUSAND ($350,000.00) DOLLARS and prays for trial by jury.
WHEREFORE,
the plaintiff, LINDA ZAGONE, a minor, by ELEANOR ZAGONE, her mother and next
friend, prays judgment against the defendants, CATHOLIC BISHOP OF CHICAGO,
ARCHDIOCESE OF CHICAGO, a Corporate Sole, and the CITY OF CHICAGO, a Municipal
corporation, and each of them, in the sum of THREE HUNDRED FIFTY THOUSAND ($350,000.00)
DOLLARS and prays for trial by Jury.
WHEREFORE,
the plaintiff, PATRICIA MONTANO, a minor, by PASQUALE MONTANO, her father and
next friend, prays judgment against the defendants, CATHOLIC BISHOP OF CHICAGO,
ARCHDIOCESE OF CHICAGO, a Corporate Sole, and the CITY OF
CHICAGO, a
Municipal corporation, and each of them, in the sum of THREE HUNDRED FIFTY
THOUSAND ($350,000.00) DOLLARS and prays for trial by jury.
RAYNOR, MITCHELL &
JOSEPH
BY: Burton Joseph__________
Attorneys for Plaintiffs
134 North LaSalle Street
Chicago 2, Illinois AHdover 3-4936
CASE NO. 59C 8711
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
FRANK DELLA, JR., a minor, by
FRANK DELLA, SR., Guardian of his Estate; STEPHEN FRIEDECK, a minor, by
LORRAINE FERRARIS, his mother and next friend; JOSEPH ANTHONY GRAZIANO, a minor,
by JOSEPH GRAZIANO, his father and next friend; LINDA ZAGONE, a minor, by
ELEANOR ZAGONE, her mother and next friend; PATRICIA MONTANO, a minor, by
PASQUALE MONTANO, her father and next friend,
Plaintiffs,
vs
CATHOLIC BISHOP OF CHICAGO, ARCHDIOCESE
OF CHICAGO, a Corporate Sole, and CITY OF CHICAGO, a Municipal corporation,
Defendants.
COMPLAINT AT LAW
RAYNOR, MITCHELL &
JOSEPH 134 North LaSalle Street Chicago 2, Illinois ANdover 3-4936
STATE OF ILLINOIS )
)
SS.
COUNTY OF COOK )
I,
FRANCIS X. CONNELL, Clerk of the Circuit Court of Cook County, and the keeper
of the records and files thereof, in the State aforesaid, do hereby certify the
above and foregoing to be a true, perfect and complete copy of a certain
complaint had and entered of record on the 23rd day of June A.D. 1959.
between
Frank Della Jr. etc. et al Plaintiff
and
Catholic Bishop of Chicago etc. et al
IN
WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of said
Court, at Chicago, in said County, this 1st day of July 1959.
FRANCIS X. CONNELL Clerk
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