Judge says lawsuit in underage drinking death can proceed

A wrongful-death suit brought against the Deerfield couple convicted of allowing teenagers to drink in their home survived a legal challenge last week in Lake County Circuit Court.

Ross Trace, 18, was one of two teens killed in a car crash during an Oct. 13, 2006 party at the home of Jeffrey and Sara Hutsell.

The driver of the car Trace was riding in, Daniel Bell, 18, was also killed and had a blood-alcohol content of .132 percent at the time of the crash.

The Hutsells were convicted of violating the state liquor control act, endangering the health of a child and attempted obstruction of justice after a jury trial in July 2007.

Trace's estate sued the Hutsells, claiming they were negligent in supervising the party their son was hosting in conjunction with Deerfield High School's homecoming weekend.

Waukegan attorney Scott Gibson also argued that the Hutsells violated the Illinois Alcohol Responsibility Act by allowing teens to drink in their home.

Last week, Circuit Judge Margaret Mullen issued a split decision on a motion by the Hutsells' attorney to dismiss the suit.

In addressing the negligence claim, Mullen said there was no evidence the Hutsells provided any of the alcohol consumed by the teens.

She did find, as did the jury in the criminal trial, that there was evidence that the Hutsells had reason to be aware that teens were drinking in their home.

By periodically walking through the areas where the party was going on and telling some teens not to drive if they had been drinking, Mullen said the Hutsells had taken on a duty to ensure the safety of the partygoers.

When Trace and other teens got into Bell's car to go for a ride during the party, Mullen said the Hutsells had failed to perform the duty they took on.

Although she said the lawsuit could proceed on those grounds, Mullen dismissed the claim under the Illinois Alcohol Responsibility Act.

The act places a social host liability on anyone who allows a person under the age of 18 who injures someone after consuming alcohol on their property.

Even though the drinking age in Illinois is 21, the law covers only injuries inflicted by people under 18, Mullen said, and therefore threw out that portion of the suit.

Gibson said he is seeking damages in excess of $50,000, and a trial of the case has been scheduled for May 2009.

Break the stalemate: A Lake Forest attorney is asking people to contact their state senators and representatives and urge passage of an important piece of legislation.

Chris Kennedy, founder of the political action committee Illinois Autism and Developmental Disabilities Association, is seeking passage of a law that would require insurance companies to provide coverage for disabled children.

The legislation, SB1900 in the Senate and HB5595, is caught in the middle of the conflict between the state legislature and the governor, Kennedy said.

"There is overwhelming support on both sides for this bill, and because of the stand off between the politicians it cannot get passed," Kennedy said. "There are tens of thousands of children who would benefit from this, and they are being held hostage to a political conflict."

Kennedy is asking readers to call, e-mail or write their legislators and ask them to set aside their differences long enough to bring some relief to children in need and their families.

For more information, call Kennedy at (847) 295-0300.

Heard in the hallway: Congratulations to Jordan Foster, son of sheriff's Lt. Bert Foster and his wife Barbara, on being named an All American Scholar at Warren Township High School by the United States Achievement Academy.