Cline's victims named in suit
 
By: Patrick McCarthy
PMcCarthy@News-Herald.com
09/21/2006

The legal jockeying ahead of the anticipated civil litigation surrounding the deaths of Grace Chamberlain and Andrew Hopkins has begun.  Alea London Ltd., an insurance company based in the United Kingdom, filed a request for a declaratory judgment in Cleveland's U.S. District Court against Skeeter's 19th Hole, a restaurant and bar in Claridon Township.  Also named as defendants are the estates of Chamberlain and Hopkins, and 19-year-old Evan Dasilva.

In the complaint, filed Sept. 13, Alea, which is a subsidiary of Lloyd's of London, admits it insures Skeeter's.  But the firm claims it should not be responsible for defending the restaurant, or paying any possible restitution to the victim's families, should civil litigation be filed, according to the complaint.  Alea claims Skeeter's insurance does not cover bodily injury claims, and that the establishment "made a knowing and express decision not to purchase liability coverage," the complaint states.

Skeeter's 19th Hole is alleged to have been the last place convicted drunken-driver James D. Cline was before heading home, and ultimately causing the March 2 crash that killed the two Hiram College students.

Chamberlain died at the scene of the crash on Route 700 in Burton Township. Hopkins died more than a week later, while Dasilva spent more than 40 days in the hospital recovering from serious injuries.

Representatives from Skeeter's have always claimed they did not serve alcohol to Cline, though the complaint states he "allegedly consumed one or more alcoholic beverages while a patron at Skeeter's on March 2, 2006."

A representative from Skeeter's referred questions to the establishment's attorney, Cleveland-based Hunter Haven. A message left for Haven was not immediately returned.

The Chamberlain family's attorney, Cleveland-based Andy Goldwasser, said Wednesday he was disappointed the victims' families were named in the suit.

Goldwasser conceded the suit is not asking for anything from the Chamberlain and Hopkins families or Dasilva, but said it will mean they must now put up a legal fight, especially because neither Cline nor the vehicle he was driving was insured.

"There's a reason to sue Skeeter's, but why us?" Goldwasser said rhetorically.
"I'm disappointed by the tactic of the insurance company. And I'm even more disappointed the families have to defend themselves in a federal lawsuit resulting from the deaths of their children."

Brian L. Wildermuth, Alea's Dayton-based attorney, said Dasilva and the estates of Chamberlain and Hopkins were named as defendants so they can be bound by the court's judgment entry.  "It was necessary," Wildermuth said.

He declined to comment further, saying he would speak through his comments in court.
It was unclear Wednesday when a judgment would be rendered, or whether any counterclaims by Skeeter's, or the victims' families, would be filed. It was also unclear whether the case has been assigned to a judge.

Goldwasser said civil litigation on behalf of the Chamberlain family could soon be filed, but he declined to elaborate exactly when or against whom.