David Schilling says an incident at an indoor skydiving facility changed his life forever.
On January 21, 2021, he was participating in the vertical wind tunnel at iFLY in Rosemont, when he lost control and crashed into a glass wall.
"It’s very clear he was in distress," Schilling's attorney Jack Casciato said.
"He was out of control. He’s not maintaining altitude. He’s drifting. He’s spinning, he’s falling down to the net. Those are all tell tale signs that an instructor in this sort of activity needs to intervene."
Casciato, an attorney with Clifford Law Offices, says instructors did not intervene, and Schilling suffered a catastrophic spinal injury as a result. He was left a quadriplegic.
This week, Casciato and Schilling filed an amended lawsuit, claiming negligence, willful and wanton misconduct and product liability.
"He was an active runner. He had run marathons. He is an Air Force veteran," Casciato said. "His life has completely changed. He can’t do anything for himself."
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The lawsuit is seeking damages in excess of $50,000.
"iFLY asks people to host children’s birthday parties. They tell parents it's safe for 3 year olds, then when someone gets hurt, they switch gears and tell them its unsafe," said Casciato.
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Schilling did sign a waiver, which Casciato says is a moot point since he was not provided the instruction promised in the document. He says a judge has already denied the defense's motion to dismiss the case based on the waiver.
"When participants are actually in the wind tunnel, there’s an instructor holding onto them, near them. And that person isn’t there just to watch, they’re there to intervene. In this case, unfortunately that didn’t happen for David," said Casciato.
In a statement to NBC 5, iFLY says Schilling was taking part in a private event for experienced skydivers. They say he was a licensed skydiver with the United States Parachute Association with over 80 jumps.
The lawsuit was originally filed in the spring of 2021. This week, attorneys filed an amended complaint. Casciato says the case has been placed on an accelerated schedule due to Schilling's injuries.
A trial has been set for October 2023.
Schilling released the following statement:
"I am releasing this statement as I hope to bring awareness to a very dangerous situation.
On January 21, 2021, I was rendered a quadriplegic at an indoor skydiving at an iFLY facility. I
believed this would be a fun experience under the instruction of iFLY instructors. While in the
wind tunnel, I became unstable when an iFLY instructor failed to intervene to assist me. While
unstable, I crashed headfirst into the glass which caused a catastrophic spinal cord injury that
rendered me a quadriplegic. iFLY markets this activity as very safe and for children as young as
three years old, but conversely maintains a legal document calling this an inherently dangerous
activity. Had I known that an instructor would not have assisted me, I of course would have
never participated, and my life clearly would be different today. iFLY facilities should close until
the company makes it apparent to people, people such as parents that plan on hosting a children’s
birthday party, that iFLY in fact does not consider this a safe activity but instead one that is
inherently dangerous."
Officials from iFly released the following statement regarding the lawsuit:
In iFLY’s 20 plus years of operation, over 15 million customers have safely flown with iFLY across all locations, and the company will continue to make the safety of all of its customers its highest priority. iFLY has great empathy for Mr. Schilling and his family. At the time, Mr. Schilling was a very experienced, licensed skydiver with the United States Parachute Association with over 80 jumps who was receiving instruction in the iFLY wind tunnel from another experienced skydiver from Skydive Chicago at their private event for experienced skydivers.