A wrongful death lawsuit filed on behalf of the deceased victims and those injured when a vehicle slammed into the YNOT after school camp in Chatham last April.
The lawsuit filed in Sangamon County Court names YNOT Outdoors Summer and After School Camp and other parties believed responsible for the construction of the building, as well as the driver.
The suit alleges when the structure was built in 2012, "Illinois safety regulations prohibited permanent youth camp facilities from being located within 100 feet of a highway. However, YNOT was constructed and operated at a location that was less than 100 feet off County Highway 5A."
It also claims the site “lacked adequate means of vehicle restraint installed to prevent a vehicle from striking the building, leaving areas where children were routinely present and vulnerable to foreseeable harm. The complaint also alleges that YNOT failed to make proper structural changes and improvements to the premises since its construction in 2012.”
An SUV driven by Marianne Akers, 44, left the road and traveled across a field before entering the building and continuing through to the other side before stopping. Five were killed:
Kathryn Corley, 7
Alma Buhnerkempe, 7
Bradley James Lund, 8
Ainsley Johnson, 8
Ryle Britton, 18
Britton was a counselor at YNOT. Lund spent five weeks hospitalized before he succumbed to his injuries.
At least six other children were injured, and others witnessed the tragic event.
Akers was determined to have suffered a medical episode. After an Illinois State Police investigation, the Sangamon County State’s Attorney John Milhiser announced the evidence did not support filing criminal charges.
“No family should ever have to endure the unimaginable loss of a child. Kathryn, Alma, Bradley, Ainsley and Rylee had their whole lives ahead of them,” Plaintiff’s attorney Lance D. Northcutt of the Chicago law firm Salvi, Schostok & Pritchard said. “Chatham is a tight knit community, and this tragedy has deeply affected countless families. These children were irreplaceable. With this lawsuit, the families seek accountability for this profound loss and meaningful safety improvements to prevent a tragedy like this from ever happening again.”
According to a statement, the families are also represented by attorneys Aaron D. Boeder, Michael J. Schostok, and Marisa A. Gelabert of Salvi, Schostok & Pritchard, and Frederick W. Nessler and Jonathan T. Nessler of Frederick W. Nessler & Associates.
The Village of Chatham is named as a respondent in discovery in the lawsuit.
A phone call to Akers' attorney has not been returned. NPR Illinois contacted YNOT, but was told there would be no comment.
This story will be updated.
