Judge considers motion in Gaston case

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November 24, 2009

BY BRIAN L. HUCHEL The Commercial-News Tue Nov 24, 2009, 09:11 PM CST

DANVILLE — A judge’s ruling in pending in the lawsuit involving the 2006 death of a teenager in a Danville parking garage.

Attorneys for both sides appeared in court Tuesday afternoon for motion arguments in the case regarding the death of 17-year-old Christopher Gaston.

At the center of the afternoon hearing before Judge Craig DeArmond was a motion for summary judgment by the City of Danville.

The father of Chris Gaston filed a lawsuit two years ago after the Danville teenager was found dead around 7 a.m. April 4, 2006, at the bottom of the north stairwell of the parking garage on Walnut Street.

In its original summary judgment motion, the city argued that Gaston — who was with two friends at the time — was not at the garage for any normal and customary use of the building. Statements from the friends indicated the trio — none of whom had vehicles or driver’s licenses — were simply loitering in the garage.

Instructions in the Fourth Appellate Court’s decision indicated, however, that the local circuit court must consider the merits of the city of Danville’s sovereign-immunity claim, a legal status that protects a government entity from being sued.

DeArmond, upon listening to arguments from both sides Tuesday, took the motion and information under advisement, indicating to the court that he would issue a written order on the motion as soon as possible.

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