CHICAGO – A Cook County woman is suing a Chicago bar, alleging the bar overserved her husband’s attacker, and is responsible for her spouse's death under the Illinois Dram Shop Act.

Leticia Gutierrez, special administrator of the estate of Rodolfo “Rudy” Avina, filed a lawsuit Dec. 21 in Cook County Circuit Court against 18th Street Café Inc., doing business as Simone’s, alleging wrongful death and liability under the Illinois Dram Shop Act.

According to the complaint, on the evening and early morning of May 29-30, Simone’s, 960 W. 18th St., Chicago, served alcohol to Ulysis Almaraz, causing his intoxication and subsequent attack on Avina. The suit says Simone’s is liable under the Dram Shop Act for serving alcohol that caused a crime to be committed, in this case the fatal attack on Avina, who passed away as a result of his injuries.

Gutierrez seeks damages of more than $50,000, plus litigation costs. She is represented by attorneys Miguel A. Ruiz and Thomas K. Prindable of Cogan & Power PC in Chicago.

Cook County Circuit Course Case number 2015-L012808

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