Thursday, March 14, 2019

Nightclub denies liability in suit alleging wrong-way driver caused fatal collision

Pop’s Nightclub denies liability in a Dram Shop suit alleging a woman died when an intoxicated wrong-way driver caused a collision on I-64.

Duyen Xin, individually and as special administrator of the estate of Lyn Chieng, deceased, and Vuong Xin filed the complaint on Jan. 8 against Miss Kitty’s Inc. and Mega Leasing Corp Inc., doing business as Pop’s Nightclub, alleging they violated the Dram Shop Act.

According to the complaint, the plaintiffs allege that on Jan. 21, 2018, Lyn Chieng was driving her vehicle westbound on I-64 in St. Clair County just after 7 a.m. when motorist Brandon Bell caused a head-on collision. Bell was allegedly intoxicated and driving the wrong way when he caused the fatal crash. Chieng died as a result of her injuries.

The plaintiffs allege the defendants unlawfully sold or gave alcoholic beverages to Bell, causing him to become intoxicated.


Pop’s Nightclub answered the complaint on Feb. 15 through attorney Michael Constance of Joley Oliver & Beasley PC in Belleville.

The defendant denies liability and asks the court to dismiss the complaint with prejudice. The defendant also “denies that said plaintiffs are entitled to judgment for any sum whatsoever.”

In its affirmative defense, Pop’s Nightclub argues that it is entitled to a set off of $100,000 against any award paid by Bell as well as any money recovered against Ball Park Village, “which is sued in Missouri for the same incident.”

The plaintiffs seek a judgment in excess of $50,000, plus costs.

They are represented by John T. Hipskind and Brady McAninch of Hipskind & McAninch LLC in Belleville.


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