OLD TOWN — The family of Bobby Cann, who was killed while riding his bike last May, has filed a lawsuit against the driver accused of killing Cann while allegedly driving drunk.
The suit filed against Ryne San Hamel, 29, of Park Ridge, also names his business, AllYouCanDrink.com, which organizes bar specials and events.
Cann's mother, Maria Cann, who lives in New Hampshire, filed the wrongful death suit Wednesday morning in Cook County Circuit Court.
Filing a lawsuit is "not the first thing that comes to your mind, but it's something we have been considering for quite some time," she said.
Bobby Cann, who was an active member of the city's cycling community, was riding home from his job at Groupon when he was struck near Clybourn Avenue and Larrabee Street on May 29, 2013.
San Hamel had a blood-alcohol level of .127 when he struck Cann, 26, and was charged with reckless homicide and driving under the influence resulting in death.
"The reason we are filing this lawsuit is because there are apparently still people who think it's OK to drink and drive," Maria Cann said.
She was referencing the story of Shane Stokowski who was killed when he attempted to stop an allegedly drunken driver from leaving a West Town bar Saturday afternoon.
After Bobby Cann's death, Maria Cann said she hoped the publicity surrounding it would "spare some other family from having to go through this."
"They could see here's what happens when you ... drink and speed through Chicago," she said. "Another family gets plunged into this hell."
Maria Cann, represented by attorneys Powers Rogers and Smith, is seeking judgments greater than $50,000 against San Hamel, AllYouCanDrink, LLC, AllYouCanDrink.com and AllYouCanEat.com.
The lawsuit claims San Hamel was driving a 2003 Mercedes southeast on Clybourn when he struck Cann, who was traveling north on Larrabee across Clybourn.
San Hamel has been free since posting $100,000 bond in June. His attorneys did not immediately respond to a request for comment.
The case has not gone to trial, and the next court hearing is set for April 11.