The father of a Kosciusko County man killed in a car accident in May 2004 recently filed a lawsuit against the bar that served his son alcohol.

Larry R. Krygowski filed suit against Stimmelators Gentlemen's Club, Samuel Stimmel and Tracy Stimmel, alleging his son, Jason Krygowski, and another man, Jamin Dilley, were served excessive amounts of alcohol that led to a fatal car accident May 29, 2004.

The lawsuit alleges employees of Stimmelators "continuously furnished, provided, sold vast quantities of alcoholic beverages to Dilley and (Jason) Krygowski, who both became legally and visibly intoxicated. As a result of the conduct of the ... defendants ... in intentionally, knowingly, recklessly and/or negligently serving, delivering, providing and giving away or furnishing alcoholic beverages to business invitees, Dilley and (Jason) Krygowski. ... became extremely and visibly intoxicated."

Larry Krygowski, along with his wife Roberta and daughter Jamie L. Krygowski, are requesting compensation for medical, hospital, ambulance, funeral and burial expenses, the value of Jason Krygowski's earnings for his lifetime as well as "the loss of his care, love, affection and other intangibles" to be awarded by a jury. "All of the damages and losses sustained and suffered by the decedent's estate are the proximate result of the intentional, knowing, reckless and negligent acts and/or omissions of the defendants, their employees and/or agents in maintaining a public nuisance, in serving, delivering, providing, giving away or furnishing alcoholic beverages to Jason R. Krygowski and others, in failing to supervise his conduct, in failing to provide reasonable aid to a customer who they knew or should have known needed aid and/or medical attention, in failing to keep Jason R. Krygowski on their premises in order to render aid, to allow him to be placed in the vehicle which was operated by Jamin D. Dilley, all in violation of Indiana law."

According to the lawsuit, the men consumed alcohol at Stimmelators for a five-hour or more period. (Jason) Krygowski reportedly became extremely intoxicated and vomited on a table in the establishment, while "Dilley became loud, defiant and belligerent due to excessive consumption of alcohol," getting into a "physical confrontation" with Samuel Stimmel.

"Stimmel physically struck Dilley in and around the head with his fist thereby dazing him," the lawsuit says, and employees of Stimmelators "failed to provide first aid, failed to provide a ride home in their limousine or other vehicle, failed to call an ambulance, failed to call the police, and failed to take reasonable steps for the safety and protection of (Jason) Krygowski, who was clearly incapacitated in making rational decisions for his own safety."

The lawsuit alleges employees of Stimmelators placed Jason Krygowski in the passenger seat of Dilley's vehicle and buckled the seat belt around him. Then they allowed Dilley to drive the vehicle "knowing full well that both Dilley and (Jason) Krygowski were legally intoxicated."

While the men were on their way to Warsaw, Dilley lost control of the vehicle, crashed into a work sign and rolled over. Dilley was ejected from the vehicle, and Jason Krygowski was trapped in the car, which caught fire.

Passerbys freed Jason Krygowski from the burning car, but he was pronounced dead at the scene of the crash. Dilley was taken to Kosciusko Community Hospital, where he later died.

Krygowski's blood alcohol content was 0.15 percent, while Dilley's BAC was 0.18 percent.

After the accident, the lawsuit alleges, one of Dilley's brothers went to Stimmelators and demanded to see a security tape of the night of the incident. The videotape reportedly showed Jason Krygowski vomiting on the table.

However, the employees of Stimmelators "have not retained the security camera/videotape recordings in full or part in order to destroy the evidence necessary to support plaintiff's allegations. The negligent and/or intentional destruction of such recordings is further evidence of the improper conduct by the three defendants and each of them." [[In-content Ad]]