One year after suburban crash killed teen, parents take legal action

Almost a year after a crash in suburban Mokena killed an 18-year-old girl, a pair of lawsuits are raising new questions about what happened.

What we know:

The parents of 18-year-old Courtney Miller are expressing their frustration with the lack of answers about their daughter’s death. 

"She was our only child and the loss of her being gone is a toll on everyday life," said Melissa Miller. "It’s really been a struggle."

On August 15th, 2024, Courtney was looking forward to college when she was killed in an accident at the intersection of Route 30 and Owens Road in Mokena.

"I miss her so much. I can’t explain how terrible this is. The worst nightmare any man could ever go through," said Van Dyke, Miller’s father.

Courtney was a passenger in a car driven by a friend headed east on Route 30 at a high rate of speed, when another vehicle driven by Mokena resident Scott Hersted made a left turn into its path.

The collision killed Courtney instantly.

One year later, Mokena police have not issued any citations or charges in the case against either of the drivers. 

"Tomorrow will be a year and we still have no answers. Nothing," said Melissa Miller.

This week, Courtney’s parents filed an amended lawsuit against several defendants, including Hersted and a pair of Chicago bars, Cruz Blanca Brewpub and Parlor Pizza Bar, both located in the West Loop. 

The lawsuit alleges both bars sold alcoholic beverages to Hersted as late as 8:24 p.m., which was less than two hours before the crash. The lawsuit alleges that resulted in Hersted’s intoxication.

In a separate lawsuit filed Thursday against the Village of Mokena, Courtney’s parents allege Hersted was asked to submit to a blood draw by Mokena police but refused.

Their lawyer said the police had a legal duty to go further. 

"They made a conscious decision not to seek a search warrant," said attorney Anthony Romanucci. "What they did in this case was take away the ability for this family to find out the truth. Was there alcohol in this man’s blood? Had he been drinking at one bar or more bars before that?"

Romanucci said they will also investigate whether Hersted got preferential treatment because Hersted’s wife is a former Mokena trustee.

Courtney’s parents say they just want some answers. 

Melissa Miller said they have not been told whether there is an active investigation. 

"We just want justice for our daughter as any parent would," Miller said.

What's next:

FOX 32 reached out to Hersted for comment. On Thursday morning, a lawyer representing Hersted appeared in Will County court and obtained a protective order to prevent us from using the police body camera videos from the crash scene.

A spokesman for the Village of Mokena said they haven’t seen the lawsuit yet, so they have no comment.

On Friday night at 8 p.m. a public prayer vigil will be held for Courtney near the intersection where she was killed.

MokenaNews