Deadly daycare crash sparks lawsuit over safety regulations

CHATHAM, Ill. (WGN) - A new lawsuit argues that a deadly crash at a daycare was preventable as the families of the four children and teen worker who were killed are seeking justice. "Children who had their whole lives ahead of them, full of dreams, love, experiences, that all ended on April 28, 2025," Attorney Lance Northcutt said. Around 2:30 p.m. that day, a 44-year-old woman lost control of her Jeep, veered off County Highway 5A in Chatham, drove through a cornfield and into a daycare building full of children at the time. "We're talking about children that were killed, dragged and other children, their classmates, some siblings of these children killed that watched this entire thing unfold," Northcutt said. Kathryn Corley, 7, Alma Buhnerkempe, 7, Ainsley Johnson, 8, Bradley James Lund, 8, and counselor Rylee Britton, 18, died. Six other children were seriously injured. "At this time, we can report initial toxicology test results were negative for alcohol and negative for controlled substances," Illinois State Police Director Brendan Kelly said. The driver's attorney said his client had a seizure at the time of the crash and she was not criminally charged. She and the daycare center are now named as defendants in a wrongful death civil lawsuit filed in Sangamon County. The lawsuit alleges building code violations contributed to the extent of the crash. "It looked like a shed. The materials it was built from consisted of an outer, very flimsy shell and wood beam construction," Northcutt said. "We're talking about a facility that had no protective bollards, the concrete barriers that would act as a barrier between out of control vehicles and a building where people are inside." Attorneys argue Illinois safety regulations also prohibit youth camp and daycare facilities to be built within 100 feet of a highway. The attorneys are now left wanting justice for the families of those affected. "We are going to get these families answers and demand accountability in a court of law," Northcutt said. The building and property owner are also named as defendants. The Village of Chatham is also included in the lawsuit to provide information in the case, but is not being sued for damages.