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Court rules Chicago not liable in club stampede

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[May 17, 2008]  CHICAGO (AP) -- An Illinois appellate court ruled Friday that the city of Chicago cannot be held liable for a 2003 nightclub stampede that killed 21 people and injured dozens more.

InsuranceThe "plaintiffs' attempt to turn allegations concerning the city's failure to act into a course of direct action is not persuasive," Justice Margaret O'Mara Frossard wrote in a 20-page opinion.

Victims' families filed numerous lawsuits alleging city officials did not keep up building codes, such as maintaining adequate exits and allowing violation of occupancy limits at the E2 nightclub. The lawsuits also alleged that police mishandled rescue efforts in the February 2003 tragedy.

A three-judge panel with the 1st District Appellate Court in Chicago concluded that "the city is immune from liability" because the accusations were not "willful and wanton."

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Authorities have said the stampede started after someone used pepper spray to break up a fight on the dance floor of the club's second level. Patrons then fled down narrow stairs toward an exit and their bodies piled up behind a door they couldn't open.

"I'm very disappointed," said Mel Brooks, a Chicago attorney representing several victims' families. "We felt as if we had a strong case against the city of Chicago."

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He said other attorneys and victims' family members planned to consider options such as petitioning the state's highest court.

A message for a city law department spokeswoman was not immediately returned Friday.

Last year, a club owner, manager and party promoter were acquitted of involuntary manslaughter charges stemming from the deaths.

The owners have already settled numerous lawsuits brought by victims and their families.

[Associated Press; By SOPHIA TAREEN]

Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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