The family of a Crystal Lake man claims a Woodstock cinema left him inside a dark theater, causing him to fall and leading to his death about a week later.
The family of Jack Thomas Smerecky, who was 62 when he died on Dec. 4, filed a wrongful death lawsuit against Tivoli Enterprises Inc., which operates Classic Cinemas.
The lawsuit claims that employees failed to check if the theater in which Smerecky had seen a movie was empty before turning off the lights. Smerecky “proceeded to leave the dark empty theater and was unable to see where he was going” and then “fell, sustaining serious injuries,” the family said in the lawsuit.
Attorneys for Tivoli Enterprises denied the lawsuit’s assertions in an answer to the family’s complaint filed in the McHenry County court.
The family said the theater owner and its employees “had a duty to exercise reasonable care and caution for the safety of others when it was foreseeable that a customer could and would remain in the theater after the movie ended and be exposed to harm.”
The suit claims the theater failed to have adequate lighting showing the route to the exit, failed to check the screening room or give any warning before turning off the lights and failed to check on Smerecky “knowing that he entered the theater room to watch a movie.”
In response to a Shaw Local inquiry this month on the cause and manner of Smerecky’s death, the coroner’s office in Winnebago County, where he died, said the case was still open.
Classic Cinemas is a family-owned business based in Downers Grove since 1978. It operates 16 locations and 144 screens.
In response to a request for comment, Tori Johnson, facilities and leasing manager for Tivoli Enterprises Inc. wrote: “At this time, Classic Cinemas wishes to express its sincere condolences to the family. However, we cannot provide any further comment or information given the pending litigation.”
An attempt to reach Smerecky’s family was unsuccessful.
In an online obituary Smerecky’s family said he was known “for being extremely handy and remarkably smart.”
“Jack will be remembered for his warmth, generosity, and devotion to those he loved. His legacy lives on in the lives he touched and the memories cherished by all who knew him,” according to his obituary.