Lawsuit still pending over DUI crash that injured girl at Dole farmers market in Crystal Lake: What to know

Traffic safety has been at the center of concerns around the Dole farmers market in Crystal Lake, and one incident repeatedly has been cited during public discussions about the new events that the city granted permission for Tuesday night.

In August 2021, a woman drove onto the sidewalk during the farmers market and hit a 9-year-old girl on a bike, causing what were described by authorities as “severe internal injuries.” The driver, Janice Easty, 79, of Schaumburg, later pleaded guilty to aggravated driving under the influence.

The family of the child filed a civil lawsuit against the driver and the nonprofit Lakeside Legacy Foundation, arguing that the Dole failed to adequately ensure safe and organized traffic controls, according to court documents. The lawsuit is pending.

Parents David and Jennifer Griffith are asking for more than $50,000 from the foundation for medical expenses, suffering, lost wages and other damages, according to court documents.

“The young lady who was run over suffered nearly fatal injuries that she mercifully survived, but her medical bills alone were hundreds of thousands of dollars, including a Flight for Life helicopter transport,” the Griffiths’ attorney, Bradford Stewart, said in an email to the Northwest Herald.

He asserted that the Dole did not have adequate markings, fencing and other warning signs around the grass field that is temporarily used as a parking lot during the markets.

“It was only after the minor was run over that the Dole began putting up perimeter ropes to prevent vehicles from driving over the sidewalk,” he said.

In response to an inquiry about the civil lawsuit, Lakeside Legacy Foundation Board President Jay LeCoque said in an email to the Northwest Herald: “We are not in a position to say anything about this situation on the advice of our attorneys, as it is ongoing litigation. The Dole vigorously denies any liability or responsibility for this unfortunate accident.”

The attorney representing Easty in the lawsuit could not be reached for comment.

The crash came up again at Tuesday evening’s City Council meeting, during which the Dole won approval of its updated special-use permit.

Farmers market volunteer Debbie Goodale, who checks ID cards at the event every week, said she told police after the crash that, to her knowledge, the driver “did not have any alcoholic beverages at the market that day.”

“Of course, all of us were horrified knowing someone got hurt, but it was not due to alcohol consumption at the farmers market,” Goodale said at Tuesday’s meeting.

Easty had a blood-alcohol concentration of 0.11, higher than the legal limit of 0.08. Prescription medication she took “unfortunately enhanced the effect,” Easty’s attorney, Jeffrey Altman, said after last year’s sentencing, during which Easy received 10 days in the county jail and 30 months of felony probation.

The City Council approved a text amendment that allows the Dole Mansion to host community and arts events, including the farmers market, with a series of conditions.

The foundation has taken “multiple actions” since last year to address residents’ concerns about traffic safety, LeCoque said. The Dole reduced the number of vendors, implemented a traffic plan and created a green grass zone along the perimeter of the parking area. The foundation also started charging $5 to park at the Dole during the markets while providing free off-site parking at nearby South Elementary and Lundahl Middle schools. The $5 fee has reduced the number of people parking at the Dole, which has not hit capacity since the implementation, LeCoque said.

The foundation relies on income generated by the events to pay to upkeep and restore the historic 159-year-old mansion.