By Suzanne Le Mignot

CROWN POINTE Ind. (CBS) — The family of a man killed in a drunk driving crash is now suing the bar that served the drunk driver. Phillip Briner was an innocent driver heading on the Dan Ryan Expressway when he was hit.

By filing this lawsuit Briner’s family is hoping to send a message to bar owners and drivers about the impact of drinking and driving.

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Phillip Briner was just 21 years old when his life came to an end at 95th and the Dan Ryan in 2012. Briner was killed by a drunk driver.

“There is not a day that we don’t shed some kind of tear, and there is not a day that we don’t think about him. I work in Chicago and I drive on the Dan Ryan I have to drive by where he was killed,” said Andrew Briner, Phillip’s father.

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Briner’s family has filed a wrongful death lawsuit against the driver, Tyrone Stokes and the owners of the Englewood bar, Margaret Filling Station.

“Fault also lies with the bar causing the intoxication, they have responsibility as well and under Illinois law they are responsible along with the driver,” said Attorney Patrick Salvi.

The lawsuit alleges Stokes was over-served at the bar. He then got behind the wheel of this 2002 GM Crew Cab. Swerving across five lanes of traffic, he hit Briner’s pickup truck. The impact sent Briner right into a barrier wall.

“The message that we want to send through all of this is: Don’t drink and drive. This was a senseless death. It didn’t have to happen,” said Andrew Briner.

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CBS 2 went to get comment from Stokes and were told he wasn’t home. CBS 2 was unable to reach the owner of Margaret Filling Station for comment.

Suzanne Le Mignot