Oct. 14--White Sox pitcher John Danks remains embroiled in a lawsuit brought by a childhood friend who became paralyzed at the ballplayer's condo, even as others involved in the case resolve their differences.
Cook County Circuit Judge James O'Hara agreed Tuesday to dismiss negligence claims Blake Papst filed in 2012 against the condo's owner at the time, Russell Salzman, and the building's condominium association, citing a settlement Papst reached with the two sides.
Terms of the settlement were not disclosed.
The settlement, however, doesn't resolve claims Papst filed against Danks in which he accused the ballplayer of negligence for, among other things, failing to promptly call paramedics after Papst fell from a roof at Danks' River West condo in the early morning hours in August 2010 after a night of barhopping.
Danks did not oppose the request to dismiss. His claims against Salzman and the association in a third-party countersuit remain intact.
Attorneys for all of the parties declined to comment.
Meanwhile, a trial originally set for next month to hear Papst's claims against Danks has been postponed indefinitely. Mediation and settlement talks between Danks and Papst have so far been unfruitful, according to court records and testimony. Papst once declined a $2 million settlement offer by Danks.
Papst, of Austin, Texas, also sued his brother, Waylon.
The legal drama, chronicled in May by the Tribune after reviewing court records and sworn deposition testimony, grew out of a chaotic evening following a Sox game. Records show that it wasn't until the morning that Danks and Papst's brother carried Blake Papst back inside, and an ambulance wasn't called until that evening, hours after Danks left for that night's Sox game, according to police and court records.
In court filings, Danks has denied wrongdoing, saying that he wasn't responsible for Papst's injuries and that Waylon Papst discouraged him from seeking medical assistance for Blake. Additionally, in a court deposition, Danks said it was up to Papst's brother to make that decision and the brother didn't call because Blake lacked insurance.
Tuesday marked the second try by Papst, Salzman and the condo association to have O'Hara approve an agreement.
In August, O'Hara denied their motion for a "good faith finding" for a $475,000 settlement, partly because they didn't provide him details of the settlement. Such findings are typical when some, not all, of the parties want to settle.
But on Tuesday, Danks' attorney, David Nordwall, told the judge that there was no objection to the latest motion, which dismissed the claims against Salzman and the association.
That was a shift from the proposed settlement from August, which Danks opposed because it would have dismissed claims Danks brought in a countersuit against Salzman and the association.
Under Tuesday's action by O'Hara, Danks' claims remain intact.
jahopkins@tribpub.com
