OLAFire Logo
Our Lady of the Angels (OLA) School Fire, December 1, 1958



Return to Documentation
Lawsuit Filed Against Chicago Archdiocese & City of Chicago


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

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