In response to a suit filed on behalf of the Cafazza family in Bethalto, an excavating company argues that it is not liable for a fatal crash caused by an 18 year old who allegedly became intoxicated at its Alton facility beforehand.
The suit alleges that defendant Stutz Excavating Inc. is liable for the family’s injuries under the Dram Shop Act because people under the age of 21 were present at its facilities for the consumption of alcohol, including driver Blake A. Jones.
Stutz Excavating answered the complaint on Sept. 6 through attorney Michael Cerulo of Baty Otto Coronado Scheer PC in St. Louis, denying liability.
In its affirmative defenses, Stutz Excavating argues that the Cafazzas’ injuries were caused by the fault, negligent acts or omissions of individuals over which it had no control.
The defendant also argues that the complaint fails to state a cause of action for which relief may be granted.
“Defendant affirmatively states that plaintiffs’ complaint fails to state a claim because no action or inaction of the defendants were the proximate cause of plaintiffs’ damages,” the answer states.
Nicholas J. Cafazza and Lynn Ann Linton, as co-administrators of the estates of Dominic Cafazza, John A. Cafazza and Melissa R. Cafazza, joined Vincent Cafazza and Anthony John R. Cafazza in filing the eight-count lawsuit in the Madison County Circuit Court against Stutz Excavating.
The suit was filed through attorney Benjamin Tobin of Pratt & Tobin PC in East Alton.
According to the lawsuit, John, 55, Melissa “Missy,” 52, and Dominic Cafazza, 12, were killed on Aug. 13, 2021, when their BMW was struck by an intoxicated teen at the intersection of Bethalto Road and McCoy Road in Moro Township.
The suit alleges that Jones, of Worden, was given or sold alcohol at the Stutz Excavating facility located at 3837 Fosterburg Road in Alton. He was 18 years old at the time.
After becoming intoxicated, Jones drove a GMC Sierra east on McCoy Road. He approached a stop sign at the intersection of McCoy Road and Bethalto Road and drove through the intersection at a high rate of speed without stopping or slowing down. At the same time, John Cafazza was traveling on Bethalto Road with his wife, Missy, and son, Dominic, riding as passengers. Jones collided with the Cafazzas’ vehicle, causing them to suffer fatal injuries.
The suit states that Jones caused the Cafazzas to “suffer grievous and mortal personal injuries, which included physical damage to [their] entire bodies, extreme pain and suffering and death.”
An obituary for John, Missy and Dominic Cafazza shared their love for exercise and spending time with family and friends. Their obituary states:
John and Missy loved to exercise and work out. John loved to lift weights and Missy loved to run marathons. John and Missy both loved to host events and enjoyed the sun and having fun together with family and friends, but they insisted that their guests didn’t bring food or drinks.
Missy was a Physical Education teacher at Our Lady Queen of Peace School and taught aerobics at Fitness and Fun for 25 years. She also loved real estate and was employed with Legacy Real Estate in Bethalto and with Southeby’s Realty at the Lake of Ozarks, Missouri. One of her passions was painting and décor for others. Everything she did she did with passion.
John had a passion for music and loved to play the guitar. He also was very good at trivia, loved to watch movies with his family and enjoyed cooking and playing sports with his four sons. He loved to lift weights.
Dominic loved spending time with his brothers whom he looked up to and adored. He loved spending time with his friends and buddies and playing soccer and baseball. He attended Wilber Trimpe middle school and was very good at mathematics and loved to learn.
Madison County Circuit Court case number 22-LA-897