The family of Mia Dusek released the full details of a lawsuit Thursday, accusing Express Liquors in West Peoria of negligence that played a role in the Bartonville teen's death last year.
The 24-page lawsuit claims Express Liquor sold alcohol to a 17-year-old, without asking for identification, on Feb. 26, 2022. It goes on to allege the amount of alcohol sold was more than reasonable for one person, including “multiple 12 packs, at least one 6 pack and multiple ‘Four Loko’ tall boys.”
The lawsuit continues, saying the minor provided 17-year-old Clayton Bell with some of the alcohol. Later that night, Bell was the driver in the crash that killed Dusek, 15, who was a passenger in his vehicle. Police said his blood-alcohol content was .14, well over the .08 legal limit for adults. Officials estimate Bell was driving at 80 mph in a 35-mph zone.
Defendant Mohmad Mohamad, owner of Linda 1, Inc. and Express Liquors, is accused of one count of violation of statute-wrongful death and one count of negligence-wrongful death. The lawsuit also includes additional counts of violation of statute and negligence from plaintiff Reece Dusek. Reece, Mia’s brother, also was in the vehicle with Bell and suffered “significant injuries” in the crash, states the lawsuit.
Attorney Jeff Green believes the lawsuit demonstrates a pattern of selling alcoholic beverages to minors at Express Liquors.
“The allegations in the complaint and the results in the investigation show that this is not an employee having a bad day. Or a one-off mistake, when the alcohol was sold the night that Mia died,” he said. “This is what they have done to make money.”
As evidence, Green points to five interviews with minors conducted by his office. He claims they indicate Peoria County teens know Express Liquors is a store where they can purchase alcohol without question. Green estimates at least 65 transactions with minors in the two years leading up to Mia’s death. He claims these were purchases by people as young as 14 years old.
Green could not expand on the procedure for selecting the interview subjects, saying they involved minors and more details could have an effect on the upcoming discovery and deposition process.
“We have extensive statements, recorded statements, whether they're teenagers with their parents' permission, stating that they know they can get alcohol there,” said Green. “They know they won't get carded.”
Attempts to contact Mohmad Mohamad were unsuccessful. Green said he was served the lawsuit on Wednesday.
Green also claimed Express Liquors has failed two of three compliance checks conducted by the Peoria County Sheriff’s Department since Mia’s death.
Peoria Sheriff Chris Watkins confirmed to WCBU that Express Liquors failed compliance checks on March 24, 2022 and May 13, 2023. You can see those results recorded on the department's Facebook page here and here.
Deb Beaupre, Mia’s mother and the administrator of her estate, read a statement at a news conference about the lawsuit Thursday morning.
“It will only be a matter of time before another avoidable senseless death occurs and a family's life is destroyed like mine,” she said. “And I'm hopeful that now something will finally be done to protect our community from liquor store owners who value their profits more than our children.”
The lawsuit also lists Bell, the driver, as a plaintiff. He is accused of one count of wrongful death, and a count of negligence from Reece Dusek.
Bell is currently serving a 14-year prison sentence for the fatal crash.
In total, the lawsuit calls for more than $200,000 in judgments against Mohamad to Mia’s estate and Reece, as well as additional costs for expert witness fees, attorney's fees and punitive damages allowed by the statute. It also calls for more than $100,000 in judgments against Bell, as well as the same additional fees and punitive damages.
Green said the case is scheduled for a management conference on Jan. 12, 2024. The lawsuit indicates, if Mohamad and Bell respond to the lawsuit with an answer, a case management conference will be scheduled within 25 days of filing their answers.
