Three people injured after a car plowed through the front of Fontano’s Subs in Hinsdale July 17, killing a 14-year-old bystander, have filed a lawsuit against the driver, his father and employer, according to court records.

The lawsuit, filed on July 25 in Cook County Circuit Court by GWC Injury Lawyers LLC., alleges three counts of negligence by Fuller’s Car Wash as employers of the 16 year-old motorist accused of driving the car at the time of the crash, as well as three counts of negligence against the father of driver.

The plaintiffs — Sophia Ricciardi, Michal Lizler and Connor Sullivan — who are all in their 20s and were inside the restaurant at the time of the accident, according to their attorney, are seeking monetary compensation for physical and emotional damages suffered as a result of the crash, with each count of negligence calling for $50,000 plus the cost of the lawsuit.

Under Illinois law a minor cannot be the target of a lawsuit, the plaintiff’s attorney Louis C. Cairo said Thursday.

“If you’re going to sue a minor, they don’t have the legal capacity, you have to sue their guardian,” Cairo said. “We’re not suggesting that the parents did anything wrong or the father was irresponsible, it’s just with the laws you got to have somebody in the legal capacity.”

The owners of Fuller’s Car Wash were not able to be reached for comment Thursday, but provided the following statement last week after the accident:

“The entire Fuller family is deeply saddened and shaken by this loss. We will continue to hold his family, who has suffered an unimaginable tragedy, in our hearts and prayers. We will also pray for strength and comfort for the whole community as they struggle with this devastating event.”

The Fuller’s operate more than 20 other Chicago area car washes and repair shops.

According to the lawsuit, the 16-year-old driver, behind the wheel of a 2020 Jeep Wrangler, was pulling out of the car wash into the business’s parking lot, before driving across the street, running over 14 year-old Sean Patrick Richards, and crashing into the front of Fontano’s, severely injury three of the plaintiffs. The 14-year-old’s family was not among the plaintiff’s who filed the lawsuit.

Richards, who was immediately brought to Hinsdale Hospital and later transported to Comer Children’s Hospital at the University of Chicago, died July 20. His funeral service was held at St. Isaac Jogues Church on Tuesday, July 24.

Sean Richards, the son of Brian and Kristine Richards and sibling of Conor, Grace and Finn Richards, attended St. Isaac Jogues School in Hinsdale. Friday, classmates and community members across Hinsdale could be seen tying green ribbons to trees across the town in honor of Sean.

Police have not issued any charges or citations at the time of publication. Hinsdale Police Chief Brian King s previously said a decision about possible charges may be reached by the end of this week, at the earliest. King did not immediately respond to requests for an updated comment Thursday.

Originally Published: Jul 27, 2023 at 5:24 pm