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Lizak v. Village of Campton Hills

February 2, 2010

LUCIA LIZAK, INDIVIDUALLY AND AS SURVIVOR OF MARCEL LIZAK, AND DEBORAH K. EBNER, BANKRUPTCY TRUSTEE FOR LUCIA LIZAK AND INDEPENDENT ADMINISTRATOR FOR THE ESTATE OF MARCEL LIZAK, PLAINTIFFS,
v.
VILLAGE OF CAMPTON HILLS, VILLAGE OF CAMPTON HILLS POLICE DEPARTMENT, RANDY JOHNSON, DENNIS HUGHES, GREGORY ANDERSON, UNKNOWN OFFICERS, OLD TOWNE PUB AND EATERY OF WASCO, INC., J&C OF GENEVA CORP., KIM WEISS, LORNE M. SZORC AND CHRISTINA M. AICHELE, DEFENDANTS.



The opinion of the court was delivered by: George M. Marovich United States District Judge

Judge George M. Marovich

MEMORANDUM OPINION AND ORDER

After the death of Marcel Lizak ("Lizak"), plaintiffs Lucia Lizak, as survivor of Marcel Lizak, and Deborah Ebner ("Ebner" or the "trustee") filed suit against defendants Village of Campton Hills, the Village of Campton Hills Police Department, Officers Randy Johnson ("Johnson"), Dennis Hughes ("Hughes"), Gregory Anderson ("Anderson"), the Old Towne Pub and Eatery of Wasco, Inc., J&C of Geneva Corp., Kim Weiss ("Weiss"), Lorne M. Szorc ("Szorc") and Christina M. Aichele ("Aichele"). Defendants Village of Campton Hills, Johnson, Hughes and Anderson have filed a motion to dismiss. For the reasons set forth below, the Court grants the motion to dismiss.

I. Background

The Court takes as true the allegations in plaintiffs' complaint.

Marcel Lizak was pronounced dead at 12:45 a.m. on August 3, 2008 after he walked through an intersection and was struck by an automobile driven by defendant Aichele. Plaintiffs assert claims against a number of individuals and entities that Lizak encountered during the last twelve hours of his life.

At 12:54 p.m. on August 2, 2008, Lizak drove to a gas station and purchased gas and 24 cans of beer. During the next five hours, Lizak drank thirteen cans of the beer.

By 6:14 p.m., Village of Campton Hills Police Officer Johnson saw Lizak drive his truck in reverse into a post, which Lizak knocked over. Officer Johnson pulled over Lizak and noticed that Lizak was inebriated. Johnson smelled the alcohol, watched as Lizak attempted multiple times to hand Johnson his driver's license and watched as Lizak stumbled out of the truck. When Lizak got out of his truck, he left his cell phone in the truck. Johnson called Officer Hughes to the scene to assist. Once Officer Hughes arrived, Johnson attempted to conduct three field sobriety tests. Lizak was so intoxicated that Johnson could perform only the eye examination. Lizak refused to take a breathalyzer test.

By 7:29 p.m., Officers Johnson and Hughes had arrested Lizak and were booking him at the police station. Lizak slurred his speech as he answered the officers' questions during the booking process. Johnson had Lizak's truck impounded. By a few minutes after 8:00, Johnson informed Lizak that if he did not post bond of $107, Johnson would take Lizak to Kane County Jail until morning. When Lizak stated that he had no money, Johnson "instructed" Lizak to pay with a credit card.

At 8:24 p.m., Johnson informed Lizak that he was free to go. Lizak left on foot. Lizak proceeded to the Old Towne Pub and Eatery, which was an approximately five-minute walk from the police station. At the Old Towne Pub and Eatery, defendant Weiss sold Lizak two beers. Defendant Szorc sold Lizak a third beer. At approximately 9:45 p.m., Lizak paid his bill and left the Old Towne Pub and Eatery on foot.

About ninety minutes later, at 11:18 p.m., Lizak was walking south on LaFox Road. Lizak was stumbling through an intersection when the oncoming traffic's light turned green.

The light was green when defendant Aichele drove her car through the intersection and hit Lizak.

Lizak was pronounced dead at Good Samaritan Hospital at 12:45 p.m. Lizak's blood alcohol content at the time of death was .233.

Based on these events, Lucia Lizak (Lizak's widow) and Deborah Ebner (as Bankruptcy Trustee for Lucia Lizak and Independent Administrator for the Estate of Marcel Lizak) filed a 36-count, 70-page complaint. Defendants Village of ...


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