Parents seeking to shut down Johnson Elementary School in Warrenville were dealt a setback Thursday when a judge dismissed a lawsuit alleging that the school building was making children sick.
In dismissing the complaint, DuPage County Judge Hollis Webster sided with school board attorneys, who argued that the lawsuit was improperly drafted, and contained unfounded allegations and hearsay, said Lawrence Weiner, an attorney for Wheaton-Warrenville District 200.
But the plaintiffs’ attorney, who represents more than 40 families, said he redrafted the lawsuit, which will be filed by Friday morning.
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“I took out all the facts and all the exhibits. Now it’s just a bare-bones complaint,” Zimmerman said. “They (the school board) can stop with all their delay tactics and answer the complaint within 30 days.
“Then the judge can finally hear my motion to close the school.”
Webster did not rule on the substantive claims contained in the lawsuit, but rather dismissed the suit on technical grounds and gave the plaintiffs 28 days to file another complaint.
The families have alleged that the 10-year-old school building was giving children headaches, infections and nausea. The source of the problem, according to the families, is mold and ventilation problems.
The original lawsuit sought $33.6 million in damages for the families, and an injunction forcing the school to close its doors immediately.
Weiner said Thursday that the school is safe.
“We’re denying any liability and any causation,” Weiner said. “This is really just about a few kids that claim they got sick because of high mold levels.”
Weiner said the lawsuit “sensationalized” the issue, and was drafted by the plaintiffs’ attorneys with an eye toward gaining publicity.
Complaints about the school first surfaced five years ago, prompting the school to spend $600,000 on repairs.
Carpet at the school was replaced with tile, and fresh-air intakes were added.
But lawyers for the parents maintain that the school is still a hazard.
Before school started Aug. 24, school district officials said they would make arrangements to accommodate parents who were concerned about the safety of their children. The children could either be sent to other schools or could be provided with home tutors.
A week before classes started, officials said only about eight pupils requested special accommodations.