Half Moon Lounge and patron sued over wrongful death

Kelly Holleran Nov. 18, 2008, 8:00am

Jamie Douglas has filed a wrongful death suit on behalf of a recently deceased man against a Caseyville man and the owners of a Granite City bar, alleging the man died after an intoxicated driver hit him as he was walking down the street.

Shawn A. Myers was driving north on Missouri Avenue in Granite City when he struck Jeremiah C. Phelps, who was walking on the edge of the road on Nov. 12, 2007, according to the complaint filed Nov. 12 in Madison County Circuit Court.

Before the accident, Myers had been served alcoholic beverages at Half Moon Lounge, which Troy E. and Patricia C. Howell owned, the suit states.

Phelps died from injuries sustained in the accident and left behind three minor children – Austin Crow Douglas Phelps, Tristin Phelps and Brooke Phelps, the suit states.

Douglas claims the children have suffered the loss of Phelps's society, companionship, felicity, guidance, attention, advice, training, instruction and all other elements of consortium because of his death.

Myers was negligent because he drove too fast, drove without adequate brakes, failed to honk his horn or give a warning of his approach and failed to avoid colliding with Phelps, according to the complaint.

In addition, Myers negligently failed to stop his vehicle in time to avoid a collision, failed to keep his vehicle within a single lane of traffic, swerved his vehicle suddenly, which caused the collision with Phelps, failed to keep a constant lookout and drove while intoxicated, the suit states.

In the two-count suit, Douglas is seeking a judgment in excess of $100,000, plus other costs the court determines appropriate.

Gil Gherardini of Wolfgram and Associates in St. Louis will be representing Douglas.

Madison County Circuit Court case number: 08-L-1075.

More News