Jury holds bars responsible for fatal crash
A DuPage County jury wanted to give $2.5 million to the children of a couple killed more than two years ago by a drunken driver.
But the two bars found liable for serving that driver will shell out far less because of Illinois' limit on damages. The award was reduced to about $191,000 -- the maximum allowed under the cap.
Douglas and Margie Long were killed early Jan. 28, 2006, after an intoxicated motorist sped through a red light at 63rd and Main streets in Downers Grove. The Darien couple were educators.
Michael Heise, 23, of Chicago also died in the crash. Toxicology results showed he had a blood-alcohol level of at least .169 percent. In criminal cases, the legal threshold is .08 percent, but there is no such civil standard.
The Longs' children sued White Tavern in Naperville and Crazy Rock, a Romeoville strip club, where Heise and co-workers had celebrated. The plaintiffs' attorneys, Melanie Fairman and Anastasia Pavich, said Heise became intoxicated while consuming about 19 drinks in eight hours.
"It's the right result," Fairman said of the verdict. "Had Michael Heise not been over-served, he wouldn't have driven 100 miles per hour and ran a red light."
The defense attorneys pointed out none of Heise's co-workers or bar employees recalled that he drank excessively or showed signs of intoxication, such as stumbling or slurred speech.
The group spent several hours Jan. 27, 2006, at White Tavern, where they ordered pitchers of beer, ate pizza, played darts and shot pool. They carpooled to Crazy Rock. Heise did not drive. They stayed at Crazy Rock for 84 minutes, then returned to White Tavern.
"This was clearly a tragic accident, but the evidence and testimony in our opinion simply did not prove that we caused Michael Heise's intoxication," said Christian Chenoweth, an attorney for Crazy Rock.
Ironically, it was Heise who made sure they dropped off a co-worker who he thought was too drunk to drive on the way to Crazy Rock.
White Tavern must pay the bulk of the $191,000 since lawyers agreed to cap Crazy Rock's liability at $40,000 before the trial began. White Tavern is insured, said its attorney, Roselyn Pickett.
The bars were sued under the dram shop liability act, which allows victims of drunken drivers to seek damages against those that sold the alcohol. The 2006 cap was $67,000, plus funeral and property damage expenses.
The jury deliberated for 2.5 hours. DuPage Circuit Judge John Elsner reduced the verdict, as required by law.
The Longs married in 1999. Each had a son and daughter from previous marriages. They met while working at a Chicago South Side school and dated for 10 years before marrying. Doug Long was 60; his wife was 53. Earlier, their children also received $500,000 from Margie's auto insurer.