Family files wrongful death lawsuit against Woodstock movie theater after man’s fall in dark auditorium

WOODSTOCK, Ill. - The family of a Crystal Lake man is suing a movie theater in Woodstock, Ill., alleging he was left in a darkened auditorium and fell, leading to his death.

According to the wrongful death lawsuit filed in McHenry County Circuit Court earlier this year, the family of Jack T. Smerecky argues the tragedy could have been avoided if proper checks had been conducted when the movie ended.

Now, they say they are seeking accountability — and hoping to prevent another family from enduring the same pain.

What we know:

On Nov. 25, 2025 — just two days before Thanksgiving — Jack T. Smerecky went to see a movie at Classic Cinemas in the 200 block of Main Street in Woodstock. 

His son, Jack R. Smerecky, told FOX Chicago that it wasn't uncommon for the 62-year-old to go to the theater on his own. 

On that chilly November night, Smerecky attended the last showing of the evening — and fell asleep before the movie ended. 

"He unfortunately didn't wake up, and nobody saw him to wake him up," said Kevin Justen, founder and lead attorney at Justen Law Offices. 

The family's attorney, Kevin Justen, says when Smerecky woke up on his own, the credits had already rolled, and the theater was pitch black. He said even the lighting along the stairs had been shut off for the night. 

Smerecky was alone in the dark theater, according to court documents. 

"The normal lighting that everyone experiences when they're exiting a theater was gone," Justen explained. "Theaters then shut down completely. It's an automated process. We're going to find out more as we move forward, but this is an unmanned operation, so it automatically shuts down into pitch darkness."

Justen says Smerecky tried to use his phone to call for help but was experiencing issues.

"He attempted to utilize his phone, which wouldn't activate. So then, as he was trying to exit, the fall occurred," Justen said. 

According to the lawsuit, which alleges negligence, Smerecky fell while trying to make his way out. 

"In this situation, a simple sweep — we call it a sweep — just walk down the aisle, would have prevented this completely," Justen said. 

Jack R. Smerecky says his father broke his hip and had to crawl to the exit, where he was later found by a passerby outside in the cold.

"You know, he was found on a freezing sidewalk," said Jack R. Smerecky. "I thought that there had to be a lot more to the story. It just didn't add up to me. And then, unfortunately, as we've gotten further into this case and the investigation, it just was such an avoidable event."

Smerecky was transported to a local hospital but was later transferred to OSF Saint Anthony Medical Center in Rockford, which is a Level I Trauma Center. 

"This injury was very traumatic," Jack said. "The first surgery my father had was really just to stabilize his hip and his leg. Ultimately, he was in a contraption where his leg had a cable with a weight over a pulley that was constantly keeping traction on his leg. Just a very tough way to see my father in those final days as he was preparing for the second surgery."

Smerecky's son, Jack, said he and his sister were never able to celebrate the holidays with their dad, as they'd planned. 

After days in the hospital, Smerecky suffered a pulmonary embolism and died. 

"During that time, he was immobilized, essentially. He had a pulmonary embolism, which results from immobility. It's a blood clotting in the legs that ends up moving to the lungs," Justen said. 

The Winnebago County Coroner's Office ruled Smerecky's death an accident. 

The complaint includes both a wrongful death claim and a survival action on behalf of Smerecky’s estate.

What they're saying:

FOX Chicago reached out to Tivoli Enterprises, Inc., which owns Classic Cinemas and is named in the lawsuit. A spokesperson for the company shared the following statement:

"At this time, Classic Cinemas wishes to express its sincere condolences to the family. However, we cannot provide any further comment or information given the pending litigation."

Dig deeper:

As Jack pushes for answers — and works to ensure no other family goes through the same tragedy — he is remembering and honoring his father's legacy.

"My dad was a great person. He was just an awesome mentor in my life. Just a ton of great memories with him. If there's one thing I remember most about him, it's just his passion to help other people," Jack said. "He was a very skilled individual. He could do anything from building cars, building motors, building houses — just had a great love to take that passion he had and really apply it to helping others."

What's next:

Some of the details surrounding the incident remain unclear, including exactly how long Smerecky was in the theater alone after the lights shut down. 

There is a status hearing scheduled for this case in mid-June.