The family of a Connecticut teen, who died in drunk driving crash after attending an underage drinking part two summers ago, is going to court.
Jane Modlesky, 17, died when the 2008 Honda Pilot she was driving crashed into a tree in the 400 block of Woodhaven Road during the early morning hours of July 14, 2013. Modlesky, who was a popular lacrosse player, crashed after police said she left an underage drinking party on Paxton Way.
Police said two of the teens allowed Modlesky to drive home even though they knew she was highly intoxicated. They
Her blood alcohol level was more than three times the legal limit, according to police.
Modlesky's father filed a lawsuit against a number of people including the underage host of the party, Karly Finklestein and her parents.
"Jane's father asked me to bring a suit to bring awareness to underage drinking that’s going on in Glastonbury and Connecticut,” Kevin Ferry, who is the attorney for Bernard Modlesky, said. “But particularly underage drinking that's going on under the noses of parents or with a wink and a nod."
The lawsuit alleges that while the Finklesteins were out of state when the party took place, July 14, 2013 party wasn't the first time they allowed Karly Finklestein and her friends to drink at the home including on her 16th birthday.
The complaint reads the Finklesteins “failed to conduct any inspection or provide any supervision of the happenings in the basement of their home when Karly and her friends were drinking alcohol, thereby creating an atmosphere of underage drinking that perpetuated and degenerated when they were gone.”
"This was a home that was frequently used by young teens to gather and to drink alcoholic beverages and at time we believe when the parents were home,” Ferry said.
The complaint also names Mark Dalton and Tyler Farley as well as their parents saying they are liable for their children's actions that night.
"The defendants, Mark Dalton and Tyler Farley, and the plaintiff's decedent left said gathering in a motor vehicle and, thereafter, permitted the plaintiff's decedent to drive said motor vehicle while in a highly intoxicated state...leading to her untimely death."
"I want the focus of this case to be on the parents and the adults who should have taken more measures to stop this tragedy from happening,” Ferry said.
Eyewitness News reached out to the attorneys for the defendants named in this case.
The attorney for the Dalton family told Eyewitness News while it's unfortunate this accident happened, the claim against his clients is without merit.
Other attorneys told Eyewitness News they did not want to comment.
To read the full lawsuit, click here.
Copyright 2015 WFSB (Meredith Corporation). All rights reserved.