Trial Magazine

Michal Duda, 6, participated in the Justice Park District day camp program. During an outing to a pool operated by the Bridgeview Park District, his ability to swim was not evaluated. Duda was given an ill-fitting flotation device during the day and was seen removing the device numerous times. He was later found floating in the far end of the pool, unresponsive. Duda is survived by his parents and siblings.

Duda’s estate sued the two districts, alleging wrongful death and survival causes of action. The plaintiff claimed that the defendants failed to provide Duda with an adequate flotation device, supervision, and swim instruction, among other things.

The jury awarded $21.5 million. It apportioned liability at 80 percent to Justice Park and 20 percent to ­Bridgeview Park.

Citation: Kolodziej v. Justice Park Dist., No. 14 L 7775 (Ill. Cir. Ct. Cook Cnty. Dec. 4, 2018).

Plaintiff counsel: AAJ members Robert A. Clifford, Bradley M. Cosgrove, Charles R. Haskins, and Tracy Brammeier, all of Chicago.