Wilmington Outdoor Club Tree Death Spurs Lawsuit

JOLIET, IL - On April 22, 2017, Jerry Cole was killed by a large tree that was being cut down by volunteer helpers at the Outdoor Club in Wilmington. But his death was not an accident, it was an act of negligence by members of the Outdoor Club, according to a new wrongful death lawsuit filed this week at the Will County Courthouse by the Joliet law firm of Rathbun, Cservenyak and Kozol.

The Outdoor Club is located at 32152 Southwest Frontage Road in Wilmington. The club exists "to provide outdoor recreation such as picnicking, swimming, camping, boating, skiing, hunting, trapping, fishing, etc. for members and their guests," according to the court filing.

In 2017, the Outdoor Club relied on Cole and other members to clear trees and brush from its sites in preparation for the upcoming camping season, the lawsuit explains.

On the day Jerry Cole was killed, April 22, 2017, "Jerry Cole was a bystander watching two other Outdoor Club members, Mr. William Darnio and Mr. Perry Helton, who were actively attempting to remove a large tree located on Lot 14 of the Outdoor Club's grounds," the plaintiffs contend.

That day, Darnio and Helton tied a blue nylon rope around the tree and "Mr. Darnio was using his pickup truck to try to pull the tree down while Mr. Helton was cutting the tree with a chainsaw near its base. Mr. Darnio and Mr. Helton also had attached the blue nylon rope to another large tree and a chain with a block and tackle," the lawsuit explains.

Then, the disaster happened. It was 1:05 p.m.

"Mr. Darino was using his power of his pickup truck to pull the large tree and Mr. Helton to pull the large tree and Mr. Helton was cutting it, the tree snapped off and instead fell onto Jerry Cole, striking him in the back of his head and killing him," Rathbun, Cservenyak & Kozol informed the court.

Will County Sheriff's deputy James Reilly responded to the call "and found the large tree still partially on top of Jerry Cole." The Will County Coroner's Office determined that Cole died from multiple injuries caused by the falling tree.

He was 66 years old, in good health, and left behind several survivors including his wife Shirley, Virginia Marie Noonan, his daughter, and another daughter, Bettyjo Byers, according to the plaintiffs.

The wrongful death lawsuit was brought by Cole's wife, Shirley Cole. Her husband Jerry Cole was a member of the Outdoor Club and he was in good standing, the law firm noted.

The lawsuit outlines seven allegations of negligence and carelessness by the Outdoor Club in Wilmington. A few of the key allegations are:

• "It failed to use qualified personnel to remove large, dangerous, dead and dying trees from its premises even though it knew or should have known that such qualified personnel were necessary to prevent the loss of human life."
• "It was unwilling to pay for qualified personnel who were properly trained and equipped to safely remove large trees from its premises and instead relied upon its members ..."
• "It insisted and relied upon its members to remove large trees that were dead and or dying even though it knew or it should have known that those trees posed an unreasonable risk or serious injury and death (to) its members and all bystanders."