A Lemont man says a downtown Naperville nightspot overserved murder suspect Daniel Olaska the night police say he stabbed and killed a grade-school teacher.
William Hayes III, one of two men who survived the bar fight with knife wounds, made his allegations in a recent lawsuit against Frankies Blue Room and owner Riff Menza.
The complaint, filed in DuPage County court, accuses Frankies of serving Olaska to the point of intoxication before Hayes and two other men were stabbed in February 2012. The altercation left Hayes with "severe and permanent injuries," according to the suit, which seeks more than $50,000 in damages.
Hayes' attorney, Craig Brown, said the law requires establishments to serve alcohol responsibly and holds them accountable when people are victimized as a result of their failure to do so.
"We hope our lawsuit will further encourage restaurants and bars to serve people responsibly, so tragic events like this can be avoided in the future," he said Thursday.
Neither Menza nor his attorney immediately returned messages seeking comment. In a statement last year, Menza expressed grief for the victims and shock at "this senseless tragedy."
"For 27 years, we have provided a safe and enjoyable environment for our patrons," he said at the time.
Olaska, 28, of Naperville, plunged a folding knife into Hayes' chest after Hayes teased him about drinking beer from a wineglass, according to prosecutors.
Shaun Wild, 24, a popular second-grade teacher at Naperville's Spring Brook Elementary School who played football with Hayes at North Central College in Naperville, tried to intervene and was fatally stabbed in the heart. Olaska also stands accused of stabbing bouncer Rafael Castaneda's arm as Castenada tried to take away the knife.
Olaska pleaded not guilty to murder and attempted murder charges. He remains jailed without bond and faces a minimum 32 years in prison if convicted.
Frankies, 16 W. Chicago Ave., is closed for renovations, according to its website, but has events planned for March, a phone greeting says.
Hayes' lawsuit is due in court April 29.