Lawsuit in crash awaits review by appellate court

A lawsuit against a Wayne man in the drunken-driving deaths of a pregnant woman and his drinking buddy is on hold until an appellate court weighs in on a legal loophole, a Kane County judge said Thursday.

Lawyers for the Diamond's Gentleman's Club want to be dropped from the suit against John Homatas, arguing the club is not responsible in the wreck, largely because it does not serve alcohol -- the patrons bring it themselves.

Because there is scant case law on the matter, Judge F. Keith Brown will forward the case to the Elgin-based appellate court, delaying the civil suit for several months.

Homatas, 26, is serving a 12-year prison term in the Jan. 4, 2006, crash near Elgin that killed April Simmons, her near-term fetus and one of his friends, John Chiariello.

Homatas and the 25-year-old St. Charles man drank at the West Chicago-area club before Homatas was ejected after he vomited in the bathroom, police have said.

Pete Flowers, an attorney for the Chiariello family, said the club is responsible because it encourages customers to bring alcohol and let a drunk Homatas get behind the wheel of his sport-utility vehicle and drive away.

The SUV was headed north on Route 25 when it crashed head-on into a vehicle driven by the 27-year-old Yorkville woman who was 8 months pregnant.

Attorneys for the all-nude club say they are not subject to the state's dram-shop laws, in part because Diamond's does not own a liquor license.

Brown already has rejected a bid to drop Diamond's from the lawsuit and has said the club could be forced to pay damages if the families of Chiariello and Simmons win their case.

The appellate judges could hear oral arguments on the issue or issue a written decision.