Kilroy's Sports added as defendant in lawsuit over IU student's scooter death
A lawyer for the family of an IU student killed when a car stuck him as he rode a scooter in Bloomington say Kilroy's Sports Bar is at fault for serving alcohol to the driver of the car when she was visibly intoxicated.
Kilroy's Sports Inc. has been added as a defendant to a lawsuit the estate of Nathaniel Stratton filed Nov. 1 against Madelyn Howard.
Howard, an IU graduate, was employed at Kilroy's Sports but wasn't working the night of the fatal crash.
Civil suit: Parents of IU student killed in car-scooter crash sue driver charged in his death
Police reports indicate Howard's blood-alcohol level at the time of the Sept. 18 crash was .226, nearly three times the legal limit for intoxication in Indiana.
She had left the bar at 319 N. Walnut St. minutes before her Mercedes veered off North Walnut Street half a mile later and hit Stratton, police said.
The 19-year-old died after being taken to the hospital. Police reports said Howard, who wasn't injured, drove away from the crash; officers soon located her and the damaged car nearby.
Howard faces four criminal charges: reckless homicide, leaving the scene of an accident, operating a vehicle while intoxicated and causing death when operating a motor vehicle with a blood-alcohol content of .08 or higher.
Attorney Fred Schultz filed the lawsuit on behalf of parents Brad and Elizabeth Stratton. "The Strattons allege that Madelyn Howard was negligent, reckless and that she was driving while intoxicated," Schultz wrote in a news release.
Previous coverage: Indiana University grad faces 3 felonies related to crash that killed student on scooter
He said an investigation revealed "Kilroy’s staff continued to serve Madelyn Howard alcohol after she was visibly intoxicated and before driving her car that night."
Indiana law prohibits bars from serving alcohol to people who are obviously intoxicated. "Kilroy’s continued service of alcohol to a visibly intoxicated Madelyn Howard, which directly and proximately led to the death of Nate Stratton," Schultz said.
"Drunk driving is a known danger that must be taken seriously by all of us in Bloomington, including the business community," the news release continues.
"The Strattons believe Ms. Howard should receive the maximum criminal penalty for her actions, and also seek to hold Madelyn Howard and Kilroy’s Sports Bar accountable (in civil court) for Nate Stratton’s tragic death."
Howard's next pre-trial hearing in the criminal case is scheduled for July 5 in Monroe Circuit Court. An attorney conference in the civil case is set for June 8.
Contact H-T reporter Laura Lane at llane@heraldt.com or 812-318-5967.
This article originally appeared on The Herald-Times: Kilroy's added as defendant in suit over Nathaniel Stratton's death
