Driver and Rusty's sued over parking lot fatality

Steve Gonzalez Sep. 18, 2006, 8:14am


The estate of Gregory Hamil filed a wrongful death suit against Jeffrey Graham and Rusty's Restaurant in Edwardsville over a parking lot fatality that occurred last year.

According to the complaint filed in Madison County Circuit Court Sept. 14, Hamil was killed Sept. 16, 2005, after being struck by a car operated by Graham in Rusty's parking lot.

"Jeffrey Graham did accelerate into the path of Gregory Hamil, striking him and causing him to become airborne and subsequently land on the hood of the windshield," the complaint states.

Hamil's estate claims Graham drove his vehicle while under the influence of alcohol, drove at an excessive speed, failed to keep a lookout for a pedestrian, drove his vehicle on the left side of the roadway and failed to decrease his speed to avoid an accident.

The estate also claims that Rusty's sold alcoholic beverages to Graham which caused his intoxication.

According to the complaint, Hamil suffered severe internal injuries, his face was battered and lacerated and he subsequently died from his injuries.

His estate also claims that because of his death, he has lost large sums of money he otherwise would have earned.

"Hamil has a minor daughter that he supported and due to his death is now and forever unable to support," the complaint states.

Represented by Ted Gianaris and G. Michael Stewart of SimmonsCooper in East Alton, Hamil's estate is seeking damages in excess of $200,000 plus all costs of the suit.

Graham was convicted and sentenced to three years in prison for aggravated DUI death and is expected to be paroled on March 17, 2009.

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