Dismissal Verdict Obtained in Joseph Caruso v. The Board Education of Elgin School District U-46 et al2007
Patti Whitten and Scott Cruz recently obtained a dismissal verdict in the Circuit Court of DuPage County on behalf of Elgin School District U-46 in the case of Joseph Caruso v. The Board Education of Elgin School District U-46 et al. In this lawsuit, the plaintiff, a current student at Bartlett High School, claimed that his former Freshman baseball coach, the School's Athletic Director, and the District, engaged in willful and wanton conduct while conducting Freshman baseball tryouts, resulting in him sustaining an injury. Scott argued the motion to dismiss for the District. After hearing oral arguments, Judge John T. Elsner granted the District's motion to dismiss, finding that neither the Baseball Coach, the Athletic Director, nor the District had engaged in any willful and wanton conduct. Scott also successfully dismissed the co-defendant's motion for contribution against the District.