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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, LAW DIVISION

ELIZABETH CAPRA,

Plaintiff,
v. Case No.

15 HUBBARD LLC D/B/A EL HEFE;


EL HEFE

Defendants.

COMPLAINT AT LAW

Now comes the Plaintiff, Elizabeth Capra, by and through her attorneys, Hale & Monico

and The Fakhouri Firm, and for her Complaint at Law against Defendants, 15 Hubbard LLC

d/b/a El Hefe; and El Hefe, states as follows:

FACTS APPLICABLE TO ALL COUNTS

1. On before, and after, October 12, 2014, defendants, 15 Hubbard LLC d/b/a El

Hefe; and El Hefe (collectively “the El Hefe Defendants”), was a bar licensed by the State of

Illinois.

2. On before, and after, October 12, 2014, the El Hefe Defendants, served liquor and

food to its patrons.

3. On before, and after, October 12, 2014, the El Hefe Defendants, provided security

for its establishment.

4. On and before October 12, 2014, the El Hefe defendants, owned a restaurant and

bar at 15 W. Hubbard St., Chicago, Cook County, Illinois, commonly known as El Hefe.

5. On and before October 12, 2014, the El Hefe Defendants, operated a restaurant

and bar at 15 W. Hubbard St., Chicago, Cook County, Illinois, commonly known as El Hefe.

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6. On and before October 12, 2014, the El Hefe Defendants, managed a restaurant

and bar at 15 W. Hubbard St., Chicago, Cook County, Illinois, commonly known as El Hefe.

7. On and before October 12, 2014, the El Hefe Defendants, maintained a restaurant

and bar at 15 W. Hubbard St., Chicago, Cook County, Illinois, commonly known as El Hefe.

8. On and before October 12, 2014, the El Hefe Defendants, controlled a restaurant

and bar at 15 W. Hubbard St., Chicago, Cook County, Illinois, commonly known as El Hefe.

9. On or about October 12, 2014, plaintiff, Elizabeth Capra, was a patron at El Hefe.

10. On or about October 12, 2014, plaintiff, Elizabeth Capra, was a business invitee

of the El Hefe Defendants.

11. Plaintiff, Elizabeth Capra, was provided an alcoholic drink by a bartender

employed by the Defendants.

12. The only other people who had access to the alcoholic drink provided to the

Plaintiff was the bartender or other agents or employees of El Hefe.

13. The El Hefe Defendants knew the identity of the bartender and other agents at El

Hefe that were working that night, who provided the alcoholic drink to the Plaintiff.

14. The alcoholic drink provided to the Plaintiff contained acetone, which is one of

the substances used in “date rape drugs”.

15. After consuming the drink containing a date rape drug, the Plaintiff began to

immediately deteriorate and display strange behavior.

16. The rapid deterioration and strange behavior would have been obvious by the

bartender and other agents and/or employees of El Hefe.

17. At all times relevant, El Hefe’s security surveillance system was functioning.

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18. El Hefe by and through its employees allowed the Plaintiff to leave the premises

after being drugged, where she was sexually assaulted.

19. El Hefe by and through its agents and/or employees knew or should have known

that under the influence of date rape drugs the Plaintiff was at an increased risk of sexual assault.

20. On or about April 2015, Plaintiff received the results of her toxicology report,

which confirmed that the Plaintiff was drugged with Acetone.

21. On or about October 2015, Plaintiff received the results of her rape kit, which

confirmed she was raped.

22. The Plaintiff requested the El Hefe Defendants’ security footage for the night she

was drugged at El Hefe.

23. Agents of El Hefe reported that they reviewed the security footage and could not

identify the Plaintiff.

24. The Chicago Police undertook an investigation of the sexual assault perpetrated

on the Plaintiff. They contacted El Hefe, who then reported there was no security footage for the

evening Plaintiff was assaulted.

25. El Hefe did not disclose the identity of the bartenders and staff working at El Hefe

to the Chicago Police, despite that they knew or should have known its employees were the only

people with access to the Plaintiff’s drink.

26. The disposal of the security footage and concealment of the identity of the El

Hefe staff were affirmative actions taken by El Hefe to conceal Plaintiff’s cause of action against

the El Hefe Defendants.

27. The Plaintiff only learned of her sexual assault after receiving both the results of

her toxicology report in April, 2015 and the results from the forensic rape kit in October, 2015.

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Because El Hefe actively concealed any causes of action against it, Plaintiff only learned that

she may have a cause of action against El Hefe after seeing news media about a lawsuit filed

against El Hefe with similar circumstances in November, 2019.

COUNT I – Gender Violence Act – 15 Hubbard LLC d/b/a El Hefe

1-27. Plaintiff realleges and adopts paragraphs one through twenty-seven (1-27) of this

complaint at law as though fully stated and pled herein.

28. On and before the aforementioned date, the Defendant, 15 Hubbard LLC d/b/a El

Hefe, had a duty of ordinary care so as to avoid causing injury and/or harmful or offensive

contact to the plaintiff, Elizabeth Capra, including acts of gender violence.

29. On and before the aforementioned date, the Defendant, 15 Hubbard LLC d/b/a El

Hefe, had a special relationship with the Plaintiff as a business invitee, and a duty to prevent a

foreseeable attack.

30. On and before the aforementioned date, the Defendant, 15 Hubbard LLC d/b/a El

Hefe, had a duty to refrain from assisting and encouraging tortious conduct of the assailant

against the Plaintiff.

31. Pursuant to 740 ILCS 82/5, Defendants had a duty to refrain from encouraging or

assisting acts of gender violence.

32. In violation of the aforementioned duties, the Defendant 15 Hubbard LLC d/b/a

El Hefe by and through its agents and/or employees perpetrated gender violence against the

Plaintiff by encouraging or assisting in gender violence in one or more of the following ways:

a. Allowed or permitted the placement of date rape drugs into patron’s


drinks, which are drugs used to commit gender violence against women;

b. Knew or should have known that date rape drugs were being placed into
patron’s drinks but willfully ignored it;

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c. Created an atmosphere of toxic misogyny at its bar that encourages gender
violence; and

d. Has a pattern and practice of destroying security footage to conceal acts of


gender violence.

33. As a proximate result of the foregoing acts or omissions, the Plaintiff was

sexually assaulted and suffered physical and emotional injuries.

WHEREFORE, plaintiff, Elizabeth Capra, demands judgment against Defendant, 15

Hubbard LLC d/b/a El Hefe, in an amount in excess of the minimum amount required for

jurisdiction in the Law Division of the Circuit Court of Cook County, Illinois, including but not

limited to actual damages, damages for emotion distress, punitive damages, attorney’s fees and

costs.

COUNT II – Negligence- 15 Hubbard LLC d/b/a El Hefe

1-27. Plaintiff realleges and adopts paragraphs one through twenty-seven (1-27) of this

complaint at law as though fully stated and pled herein.

28. On and before the aforementioned date, the Defendant, 15 Hubbard LLC d/b/a El

Hefe, had a duty of ordinary care so as to avoid causing injury and/or harmful or offensive

contact to the plaintiff, Elizabeth Capra.

29. On and before the aforementioned date, the Defendant, 15 Hubbard LLC d/b/a El

Hefe, had a special relationship with the Plaintiff as a business invitee, and a duty to prevent

foreseeable attack.

30. On and before the aforementioned date, the Defendant, 15 Hubbard LLC d/b/a El

Hefe, had a duty to refrain from assisting and encouraging tortious conduct of the assailant

against the Plaintiff.

31. On and before the aforementioned date, the Defendant, 15 Hubbard LLC d/b/a El

Hefe, breached one or more of the aforementioned duties in one more of the following ways:

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a. Failed to prevent the Plaintiff from being drugged with “date rape drugs”
when it knew or should have known that date rape drugs were being
placed in beverages served by its bartenders;

b. Failed to prevent the Plaintiff from being sexually assaulted when it knew
or should have known that date rape drugs were being placed in beverages
served by its bartenders;

c. Failed to adequately train its staff and security;

d. Failed to protect the safety of its patrons, specifically the Plaintiff;

e. Created a condition to allow the Plaintiff to be sexually assaulted;

f. Allowed and encouraged patrons to be drugged and sexually assaulted;


and

g. Failed to follow and enforce appropriate policies or procedures for patron


safety.

32. As a direct and proximate result of one or more of the foregoing negligent acts or

omissions, the Plaintiff was sexually assaulted and suffered injuries of a personal and pecuniary

nature.

WHEREFORE, plaintiff, Elizabeth Capra, demands judgment against Defendant, 15

Hubbard LLC d/b/a El Hefe, in an amount in excess of the minimum amount required for

jurisdiction in the Law Division of the Circuit Court of Cook County, Illinois.

COUNT III- Willful and Wanton Conduct- 15 Hubbard LLC d/b/a El Hefe

1-32. Plaintiff realleges and adopts paragraphs one through thirty-two (1-32) of Count

II as though fully stated and plead herein.

33. Notwithstanding the aforestated duties, Defendants, 15 Hubbard LLC d/b/a El

Hefe, by and through its agents, employees and/or servants, committed one or more of the

following willful and wanton acts and/or omissions in reckless disregard and/or indifference for

the safety of the plaintiff, Elizabeth Capra:

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a. Willfully and wantonly failed to prevent the Plaintiff from being drugged
with “date rape drugs” when it knew or should have known that date rape
drugs were being placed in beverages served by its bartenders;

b. Willfully and wantonly failed to prevent the Plaintiff from being sexually
assaulted when it knew or should have known that date rape drugs were
being placed in beverages served by its bartenders;

c. Willfully and wantonly failed to provide its employees, agents and/or


servants with adequate safety training and failed to protect its patrons even
though said Defendants had actual knowledge and/or constructive
knowledge that the plaintiff, Elizabeth Capra was being subjected to
sexual assault;

d. Willfully and wantonly failed to protect its patrons, including Elizabeth


Capra, from battery even though said Defendants had actual knowledge
and/or constructive knowledge that its patron, Elizabeth Capra, was being
subjected to physical and sexual assault;

e. Willfully and wantonly failed to protect its patrons, including Elizabeth


Capra, from sexual assault during business hours when said Defendants
had actual knowledge and/or constructive knowledge that the patron,
Elizabeth Capra, was being subjected to physical and sexual assault;

f. Willfully and wantonly failed to take action to prevent Plaintiff, Elizabeth


Capra from suffering from battery and sexual assault even though
Defendants had actual knowledge and/or constructive knowledge that the
patron, Elizabeth Capra, was being subjected to physical and sexual
assault; and

g. Was otherwise willful and wanton and/or otherwise acted with reckless
disregard and/or indifference.

34. As a direct and proximate result of the aforementioned willful and wanton acts

and/or omissions in the conscious disregard for the safety of the Plaintiff, Elizabeth Capra,

Elizabeth Capra sustained serious injuries of a personal and pecuniary nature.

WHEREFORE, plaintiff, Elizabeth Capra, demands judgment against Defendants, 15

Hubbard LLC d/b/a El Hefe, in an amount in excess of the minimum amount required for

jurisdiction in the Law Division of the Circuit Court of Cook County, Illinois.

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COUNT IV-Negligent Infliction of Emotional Distress – 15 Hubbard LLC d/b/a El Hefe

1-27. Plaintiff realleges and adopts paragraphs one through twenty-seven (1-27) of this

complaint at law as though fully stated and pled herein.

28. At the aforementioned time and place, Defendants, had a duty to exercise

reasonable care as not to cause emotional injury and or emotional distress to Elizabeth Capra.

29. Notwithstanding said duty, Defendants, 15 Hubbard LLC d/b/a El Hefe, failed to

exercise reasonable care so as not to cause emotional injuries and/or emotional distress to the

plaintiff, Elizabeth Capra, when the Defendants knowingly allowed Elizabeth Capra to be

sexually assaulted.

30. As a direct and proximate result of the unlawful actions of Defendants, the

plaintiff Elizabeth Capra, sustained serious injuries and suffered severe emotional distress.

WHEREFORE, plaintiff, Elizabeth Capra, demands judgment against defendants, 15

Hubbard LLC d/b/a El Hefe, in an amount in excess of the minimum amount required for

jurisdiction in the Law Division of the Circuit Court of Cook County, Illinois.

COUNT V – Gender Violence Act –El Hefe

1-27. Plaintiff realleges and adopts paragraphs one through twenty-seven (1-27) of this

complaint at law as though fully stated and pled herein.

28. On and before the aforementioned date, the Defendant, 15 Hubbard LLC d/b/a El

Hefe, had a duty of ordinary care so as to avoid causing injury and/or harmful or offensive

contact to the plaintiff, Elizabeth Capra, including acts of gender violence.

29. On and before the aforementioned date, the Defendant, 15 Hubbard LLC d/b/a El

Hefe, had a special relationship with the Plaintiff as a business invitee, and a duty to prevent a

foreseeable attack.

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30. On and before the aforementioned date, the Defendant, 15 Hubbard LLC d/b/a El

Hefe, had a duty to refrain from assisting and encouraging tortious conduct of the assailant

against the Plaintiff.

31. Pursuant to 740 ILCS 82/5, Defendants had a duty to refrain from encouraging or

assisting acts of gender violence.

32. In violation of the aforementioned duties, the Defendant 15 Hubbard LLC d/b/a

El Hefe by and through its agents and/or employees perpetrated gender violence against the

Plaintiff by encouraging or assisting in gender violence in one or more of the following ways:

a. Allowed or permitted the placement of date rape drugs into patron’s


drinks, which are drugs used to commit gender violence against women;

b. Knew or should have known that date rape drugs were being placed into
patron’s drinks but willfully ignored it;

c. Created an atmosphere of toxic misogyny at its bar that encourages gender


violence; and

d. Has a pattern and practice of destroying security footage to conceal acts of


gender violence.

33. As a proximate result of the foregoing acts or omissions, the Plaintiff was

sexually assaulted and suffered physical and emotional injuries.

WHEREFORE, plaintiff, Elizabeth Capra, demands judgment against defendant, El Hefe,

in an amount in excess of the minimum amount required for jurisdiction in the Law Division of

the Circuit Court of Cook County, Illinois.

COUNT VI-Negligence – El Hefe

1-27. Plaintiff realleges and adopts paragraphs one through twenty-seven (1-27) of this

complaint at law as though fully stated and pled herein.

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28. On and before the aforementioned date, the defendant, El Hefe, had a duty of

ordinary care so as to avoid causing injury and/or harmful or offensive contact to the plaintiff,

Elizabeth Capra.

29. On and before the aforementioned date, the defendant, El Hefe, had a special

relationship with the Plaintiff as a business invitee, and a duty to prevent foreseeable attack.

30. On and before the aforementioned date, the defendant, El Hefe, had a duty to

refrain from assisting and encouraging tortious conduct of the assailant against the Plaintiff.

31. On and before the aforementioned date, the defendant, El Hefe, breached one or

more of the aforementioned duties in one more of the following ways:

a. Failed to prevent the plaintiff from being drugged with “date rape drugs”
when it knew or should have known that date rape drugs were being
placed in beverages served by its bartenders;

b. Failed to prevent the plaintiff from being sexually assaulted when it knew
or should have known that date rape drugs were being placed in beverages
served by its bartenders;

c. Failed to adequately train its staff and security;

d. Failed to protect the safety of its patrons, specifically the plaintiff;

e. Created a condition to allow the plaintiff to be sexually assaulted;

f. Allowed and encouraged patrons to be drugged and sexually assaulted;


and

g. Failed to follow and enforce appropriate policies or procedures for patron


safety.

32. As a direct and proximate result of one or more of the foregoing negligent acts or

omissions, the plaintiff was sexually assaulted and suffered injuries of a personal and pecuniary

nature.

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33. WHEREFORE, plaintiff, Elizabeth Capra, demands judgment against defendant,

El Hefe, in an amount in excess of the minimum amount required for jurisdiction in the Law

Division of the Circuit Court of Cook County, Illinois.

COUNT VII- Willful and Wanton Conduct- El Hefe

1-32. Plaintiff realleges and adopts paragraphs one through twenty-nine of Count VI (1-

32) as though fully stated and plead herein.

33. Notwithstanding the aforestated duties, Defendants, El Hefe, by and through its

agents, employees and/or servants, committed one or more of the following willful and wanton

acts and/or omissions in reckless disregard and/or indifference for the safety of the plaintiff,

Elizabeth Capra:

a. Willfully and wantonly failed to prevent the plaintiff from being drugged
with “date rape drugs” when it knew or should have known that date rape
drugs were being placed in beverages served by its bartenders;

b. Willfully and wantonly failed to prevent the plaintiff from being sexually
assaulted when it knew or should have known that date rape drugs were
being placed in beverages served by its bartenders;

c. Willfully and wantonly failed to provide its employees, agents and/or


servants with adequate safety training and failed to protect its patrons even
though said Defendants had actual knowledge and/or constructive
knowledge that the plaintiff, Elizabeth Capra was being subjected to
sexual assault;

d. Willfully and wantonly failed to protect its patrons, including Elizabeth


Capra, from battery even though said Defendants had actual knowledge
and/or constructive knowledge that its patron, Elizabeth Capra, was being
subjected to physical and sexual assault;

e. Willfully and wantonly failed to protect its patrons, including Elizabeth


Capra, from sexual assault during business hours when said Defendants
had actual knowledge and/or constructive knowledge that the patron,
Elizabeth Capra, was being subjected to physical and sexual assault;

f. Willfully and wantonly failed to take action to prevent plaintiff, Elizabeth


Capra from suffering from battery and sexual assault even though

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Defendants had actual knowledge and/or constructive knowledge that the
patron, Elizabeth Capra, was being subjected to physical and sexual
assault; and

g. Was otherwise willful and wanton and/or otherwise acted with reckless
disregard and/or indifference.

34. As a direct and proximate result of the aforementioned willful and wanton acts

and/or omissions in the conscious disregard for the safety of the plaintiff, Elizabeth Capra,

Elizabeth Capra sustained serious injuries of a personal and pecuniary nature.

WHEREFORE, plaintiff, Elizabeth Capra, demands judgment against defendant, El Hefe,

in an amount in excess of the minimum amount required for jurisdiction in the Law Division of

the Circuit Court of Cook County, Illinois.

COUNT IX-Negligent Infliction of Emotional Distress- El Hefe

1-27 Plaintiff realleges and adopts paragraphs one through twenty-seven (1-27) of this

complaint at law as though fully stated and pled herein.

28. At the aforementioned time and place, Defendant, had a duty to exercise

reasonable care as not to cause emotional injury and or emotional distress to Elizabeth Capra.

29. Notwithstanding said duty, Defendant, El Hefe, failed to exercise reasonable care

so as not to cause emotional injuries and/or emotional distress to the plaintiff, Elizabeth Capra,

when the Defendants knowingly allowed Elizabeth Capra to be sexually assaulted.

30. As a direct and proximate result of the unlawful actions of Defendants, the

plaintiff Elizabeth Capra, sustained serious injuries and suffered severe emotional distress.

WHEREFORE, plaintiff, Elizabeth Capra, demands judgment against defendant, El Hefe,

in an amount in excess of the minimum amount required for jurisdiction in the Law Division of

the Circuit Court of Cook County, Illinois.

COUNT X- Conspiracy- 15 Hubbard d/b/a El Hefe and El Hefe

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1-27. Plaintiff realleges and adopts paragraphs one through twenty-seven (1-27) of this

complaint at law as though fully stated and pled herein.

28. On and before October 12, 2014, and upon information and belief, the El Hefe

defendants, knowingly and voluntarily assisted and encouraged the drugging the Plaintiff,

Elizabeth Capra.

29. Upon information and belief, the El Hefe Defendants, gave substantial assistance

and encouragement to the drugging and sexual assault of the Plaintiff, by removing its video

surveillance footage.

30. Upon information and belief, the El Hefe defendants knew the individual who

drugged the plaintiff, and encouraged this activity on its premises.

31. The conspiracy between El Hefe, and the individuals who drugged and assaulted

the plaintiff, was intentional, malicious, willful, wanton, and oppressive, and as such punitive

damages are warranted.

32. The defendant, intentionally removed the video surveillance footage to cause the

plaintiff, the inability to investigate her assault and intentionally limited her right to file a

lawsuit.

WHEREFORE, plaintiff, Elizabeth Capra, demands judgment against defendant, 15

Hubbard LLC d/b/a El Hefe and El Hefe, in an amount in excess of the minimum amount

required for jurisdiction in the Law Division of the Circuit Court of Cook County, Illinois.

__/s/ Brian T. Monico____________________ ___/s/ Robert Fakhouri__________


Attorney for Plaintiffs

Brian T. Monico
John W. Chwarzynski Jr. Robert S. Fakhouri
HALE & MONICO, LLC The Fakhouri Firm, LLC.
53 W. Jackson Blvd. 150 N. Michigan

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Suite 330 Suite 2800
Chicago, IL 60604 Chicago, IL 60601
(312) 341-9646 (312) 471-8873
Firm No. 63360 Firm No. 60319

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