Posted by Editor | Posted in Personal Injury News
The family of a Fox Lake, Illinois man who was killed in an alleged drunk driving accident has filed a personal injury lawsuit seeking more than $50,000 from the bar which supposedly served alcohol to the driver who has been charged with DUI. 22-year-old Curtiss Phelan was killed on February 3rd during a car accident with 29-year-old Nicole Cerk, who had allegedly been drinking at Halftime Bar and Grill prior to the crash. Frank Phelan filed the personal injury lawsuit against the Johnsburg bar on behalf of his deceased son.
A Northwest Herald story said that Cerk could face 14 years in prison if convicted of aggravated Illinois DUI. Cerk is currently free on $63,000 bond. While having her driving privileges revoked at the time of her arrest, Cerk has been issued a driving permit allowing her to get to and from work and alcohol therapy sessions. On Friday, prosecutors tried to modify this aspect of Cerk’s bond to prevent her from driving at all or consuming any alcohol.
Specifically, prosecutors cited a past incident in which Cerk was allegedly driving drunk. However, Cerk was not convicted in that 1997 incident and rather pleaded guilty to a reduced charge. Judge Joseph Condon denied the request, saying that Cerk’s driving record was clear and that the prosecutors should have made such a request at the time of her bond being set.
