Aug. 13--The companies that provided a tent and coordinated a festival where a Wood Dale man was killed Aug. 2 "inappropriately encouraged" fest attendees to seek shelter in the tents, the victim's spouse claims in a lawsuit filed in Cook County Circuit Court.
Nicole Nincic, whose husband, Steven Nincic, was struck and killed by a pole in the tent at Wood Dale's Prairie Fest, filed the wrongful death complaint Tuesday. The 24-page suit also contends that festival organizers were aware of a severe thunderstorm descending on the area 40 minutes before it struck and upturned the tent.
Three other people who attended the festival Aug. 2 and were injured are included as plaintiffs in the complaint, which names Classic Party Rentals, in McCook, and Chicago Special Events Management, in Chicago, as defendants. The lawsuit seeks a minimum of $50,000.
Chicago attorney Louis C. Cairo, representing Nicole Nincic and the other plaintiffs, states in the lawsuit that businesses "failed to design, manufacture, supply, construct and rig the party tents in a reasonably safe fashion and condition"; failed to ensure "appropriate coordination and supervision of the party tent construction and rigging"; and failed to conduct adequate inspections of the tents.
The lawsuit also claims that the businesses lacked "reasonable and adequate emergency response plans" that would ensure the safety of festival attendees in adverse weather.
Steven Nincic, 35, a hospital equipment truck driver, was attending Prairie Fest with his wife and their two daughters when the storm hit. He was killed after being struck in the head by a tent pole, the lawsuit stated. The other plaintiffs are Jason Zak, Daniel Blankenship and Christopher Weiss.
Cairo said he will determine after completing "preliminary litigation discovery" whether he will include the city of Wood Dale as a defendant.
Chicago Special Events Management CEO Hank Zemola said his company marketed and advertised the festival and booked a few bands but had no other involvement. "I'm not sure why we're involved" in the lawsuit, Zemola said, adding that he has not seen the complaint.
Tracey Moses, chief marketing officer with Classic Party Rentals, said in an email that her company was reviewing the lawsuit. "As this is now a legal issue," she added, "we are not able to comment any further at this time."
Zemola and Moses expressed concern for those affected by the tent collapse.
tgregory@tribpub.com
