Defense: Haunted House Patron Is at Fault
Byline: Harry Hitzeman Legal Affairs Writer firstname.lastname@example.org By Harry Hitzeman Legal Affairs Writer email@example.com
Defense attorneys in a lawsuit in which an Elburn woman says she sustained a concussion while visiting a haunted house in 2010 argue that she failed to exercise caution even though she knew danger was present.
Elizabeth Teevans argues that she was injured when she visited "The Basement of the Dead" in downtown Aurora Oct. 10, 2010. The lawsuit, which seeks more than $50,000 damages and a jury trial, argues that Teevans was hit on the head by an unknown haunted house worker who swung down from a doorway.
In court filings, one defense attorney says that Teevans was negligent, is to blame for the incident and that a judge should ban, reduce or limit any type of monetary award she could receive.
"(The) said injuries and damages are a direct and proximate result of her own carelessness and negligence," wrote Esther Grossman, an attorney for West New York LLC, which leased the space for the haunted house at 42 W. New York St.
"To the extent a dangerous condition was present on the premises complained of by the plaintiff, notwithstanding her knowledge of the conditions and dangers she would encounter, plaintiff entered the premises on her own accord." Grossman argued.
Todd and Tressa Baraniak of Naperville also are named as defendants and haunted house operators in the suit. …