Posted On: August 13, 2010 by Steven J. Malman

$1 Million South Elgin Car Accident Lawsuit Settlement Reached Between West Chicago Strip Club and Families of Pregnant Woman, Her Unborn Child, and Club Patron

The Diamonds Gentlemen's Club, a West Chicago strip club, has settled the Kane County, Illinois wrongful death lawsuit filed by the families of April Simmons, 27, and John Chiariello, 25, for $1 million. Simmons, who was pregnant at the time, and Chiariello died from injuries they sustained in January 2006 when they were involved in a South Elgin car crash with John Homatas. Chiariello was a passenger in Homatas’s vehicle. Also killed in the Illinois car accident was Simmon’s unborn baby.

According to the Illinois wrongful death lawsuit, Chiariello and Homatas were thrown out of the strip club after getting drunk. The club’s employees put Homatas in the car and he and Chiariello drove off. Some 15 minutes later, Homatas crashed his vehicle head-on into Simmons’ SUV.

Although the club had initially argued that it shouldn’t be held liable for Homatas’ actions since it doesn’t serve alcohol (it has a bring your own liquor policy), earlier this year the Illinois Supreme Court said that the strip club was at least somewhat accountable for the Kane County car crash.

From the $1 million settlement, which is the most that the club’s insurance allows, $800,000 will go to Simmons’s family. The remaining $200,000 will go to Chiariello’s family. Homatas, who is serving a 12-year prison term for his convictions for reckless homicide and aggravated DUI, settled the South Elgin wrongful death case against him for $200,000, which is also the maximum allowed under his insurance policy.

There may be more than one party who should be held liable for your Chicago car accident injuries.

West Chicago strip club settles DUI suit for $1 million, Chicago Tribune, August 12, 2010

Families Can Sue West Chicago Strip Club for Fatal Illinois Car Crash, ChicagoCarAccidentAttorneysBlog, March 19, 2010

Related Web Resources:

Illinois Supreme Court Ruling (PDF)


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