Family sues after 62-year-old man fell asleep in theater and died days after falling on his way out

A 62-year-old man fell in a darkened movie theater and later died in an incident his family has described as “avoidable,” according to a report.

Jack T. Smerecky, from Crystal Lake, Illinois, fell on November 25, 2025, at a Classic Cinemas theater in Woodstock. In a lawsuit obtained by Fox 32 Chicago, the family has accused the theater’s owners of negligence.

Smerecky’s son, Jack R. Smerecky, told the outlet that it was not uncommon for his father to venture out to the theater alone. Days before Thanksgiving, he had done just that but fell asleep during the movie. When he woke up, he was alone in the auditorium, and the credits had already rolled, according to the family’s attorney, Kevin Justen. The theater was also pitch black, with even the lighting along the stairs being switched off.

“The normal lighting that everyone experiences when they're exiting a theater was gone," Justen said, adding that Smerecky tried to call for help but his cellphone would not work.

As he tried to leave the theater, the 62-year-old fell and broke his hip, Smerecky’s son said. Unable to call for help, Smerecky crawled to the exit and was found by a stranger.

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“You know, he was found on a freezing sidewalk,” his son said. “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 gone further into this case and the investigation, it was just such an avoidable event.”

Smerecky’s son said that his father was rushed to a hospital before he was transferred to OSF Saint Anthony Medical Center.

While being treated, Smerecky underwent surgery to stabilize his hip and leg. Eventually, his leg was placed in a contraption designed to keep traction on it. However, days later, Smerecky suffered a pulmonary embolism and died.

“During that time, he was immobilized, essentially,” Justen said. “He had a pulmonary embolism, which results from immobility.

“It's a blood clotting in the legs that ends up moving to the lungs.”

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The father’s death was ruled as an accident by the Winnebago County Coroner's Office, Fox 32 Chicago reported.

In an online obituary, Smerecky was described as a lover of country music and the outdoors.

“Jack will be remembered for his warmth, generosity, and devotion to those he loved,” the obituary read. “His legacy lives on in the lives he touched and the memories cherished by all who knew him.”

Justen says that the father’s death could have been prevented if the movie theater’s staff had checked to see if the auditorium was empty.

“In this situation, a simple sweep — we call it a sweep — just walk down the aisle, would have prevented this completely,” he told Fox 32 Chicago.

Tivoli Enterprises, Inc., the company that owns Classic Cinemas and is named in the lawsuit, told the outlet that it could not comment on pending litigation.

“At this time, Classic Cinemas wishes to express its sincere condolences to the family,” the firm’s statement read.

The Independent has contacted the Winnebago County Coroner's Office and Classic Cinemas.

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