Lawsuit alleges a Wyoming man was negligent in the May 4 crash that killed Dunlap Sr.

Lawsuit alleges a Wyoming man was negligent in the May 4 crash that killed Dunlap Sr.

PEORIA, Ill. (WMBD) – A lawsuit filed Monday alleges a Wyoming man was negligent when he collided head-on with another car in early May, killing a Dunlap High School senior.

The two-page indictment, filed in Peoria County Circuit Court, alleges that Levi Dietz, 25, who lives in the Stark County town of Wyoming, was driving on the wrong side of the road on May 4 when his 2012 Ford Focus crashed head-on collided with a 2012 Nissan Versa driven by 18-year-old Nevaeh Mitchell.

The collision killed the teenager and sent Dietz to the hospital for several days.

No charges or citations have been filed against Dietz, according to police reports obtained by WMBD-TV through the Freedom of Information Act.

The lawsuit seeks unspecified damages, but the type of lawsuit filed by the family’s attorney, Dan Cusack, seeks damages of at least $50,000, if not more. Named as plaintiffs are her parents, Matthew Mitchell and Danielle Courteu, who are also the administrators of her estate.

Shaun Cusack, one of the family’s attorneys, said the family is looking for answers about the May 4 collision.

“This is the first shot at this kind of thing. We really don’t have investigative powers without a subpoena, which we will have now,” he said.

Cusack is referring to his law firm’s family’s ability to obtain documents that would otherwise not be allowed. When someone files a lawsuit involving an accident, for example, he or she may obtain police reports and other investigative documents as part of the evidence-gathering process.

Peoria police have said the collision happened at 11:30 p.m. in the 8400 block of North Orange Prairie Road, north of the Louisville Slugger complex but south of the Gailey Eye Clinic.

Peoria County Coroner Jamie Harwood testified that Mitchell died after another southbound vehicle struck her car head-on while she was driving in the northbound lane of Orange Prairie Road while heading home from her job at the AMC movie theater.

Peoria police have released very little about the crash and have denied requests for “additional reports,” which often contain more information about an investigation than the original report.

The department is currently awaiting toxicology results to determine whether drugs or intoxicants played a role in the crash, according to a news release sent Thursday.

Those results could come in late June or early July. Dietz, the other driver, was released from a local hospital on May 14.

Court records filed 10 days after the crash indicated that police believe the Fusion driven by Dietz was traveling south on Orange Prairie but was on the northbound side of the four-lane highway.

An affidavit filed May 13 for a search warrant to obtain blood samples from Dietz stated that his “serum blood alcohol content was less than 10.” The case detective was told that “less than 10 would mean no alcohol was found.

However, the same statement also states that hospital staff did not test Dietz’s blood for drugs before taking him back for emergency surgery.