Crime & Safety
Court Roundup: Batavia Cases That Faded From The Headlines
Updates on a wrongful death lawsuit, an age discrimination case and the man who sued Batavia police.
Here are updates on stories previously published on Batavia Patch:
Man Who Sued Police Admits Violation
The 19-year-old Batavia man who received $25,880 to settle an excessive force lawsuit against Batavia police recently admitted to violating his probation in an unrelated case.
was on probation stemming from his conviction in a 2009 theft case where he stole a laptop computer. Earlier this year, prosecutors alleged Johnston violated his probation by failing a drug test and not reporting to his probation officer, according to court records.
Johnston admitted to the violation during a June hearing. His probation continues for another 11 months and Johnston was ordered to pay nearly $3,100 in fees, records show.
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In November, Johnston sued two Batavia police officers over his handling during a 2008 arrest. Johnston claimed he was punched in the face by one officer, while the second one stood by and watched. He alleged both failed to provide him medical attention.
The city did not admit any wrongdoing as part of the settlement, and both officers were dismissed from the lawsuit, according to Batavia officials.
Mooseheart Age Discrimination Case Continues
A former Mooseheart employee who sued the organization last year over his firing has seen part of his case dismissed.
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In his 2010 , Henry Houck accused Mooseheart officials of firing him because of his age and, in doing so, going back on an agreement that reportedly would have kept him employed until at least 2013, records show.
A judge recently threw out a portion of Houck's case that claimed a breach of contract violation by Mooseheart because Houck said it was an oral contract that reportedly secured his job, according to court documents.
Additionally, Mooseheart has filed an affirmative defense that Houck's dismissal was part of a legitimate reduction in job force. Houck counters that all others involved in any "reduction in force" were younger employees who were reassigned.
Houck, who is in his early 70s, worked at Mooseheart from 1985 until 2009, when he served as assistant director of fraternal programs. He claims his position was filled by three younger employees, the lawsuit states.
The case returns to court in September.
ALDI files counterclaim in truck accident lawsuit
Attorneys for ALDI claim a truck company's negligence played a part in a fatal Christmas Eve accident at ALDI's Batavia facility, court records show.
The family of sued ALDI, Penske Trucking and the truck's driver, Patrick Karns, relating to the December accident that killed him. The truck driven by Karns backed over 53-year-old VanPelt, of Aurora, causing fatal injuries, according to court records and investigators.
ALDI recently filed a counterclaim against Penske stating the company failed to properly train a spotter - which appears to be a reference to the driver - to prevent such accidents. Aldi wants Penske to contribute money to cover any financial damages Aldi might pay as a result of the lawsuit. ALDI also suggests "contributory negligence" by VanPelt for failing to make himself visible to the spotter, records show.
The case returns to court on July 28 for a status hearing. The Occupational Safety and Health Organization launched an investigation, but it was not immediately known if it has been completed.
