A St. Charles man charged in a fatal DUI crash in DeKalb last month is being sued by an another person injured in the wreck.

Evan Cortez, of Elgin, recently filed a lawsuit in Kane County against John A. Yanni III, 25, of the 100 block of South 18th Street, arguing Yanni was intoxicated and negligent when he caused the crash.

Yanni is charged with aggravated DUI in the death of DeKalb High School senior Johnathon R. Ode, 18, who was killed in a head-on collision Jan. 17 in DeKalb Township.

Cortez, 23, was a passenger in Ode’s 2000 Ford Taurus when it was struck by Yanni’s 2001 Chevy Silverado, which was going west on Route 38 near Peace Road.

“Yanni dangerously left his lane and drove into oncoming traffic and hit the vehicle in which Evan Cortez was a passenger,” read part of the lawsuit. “Cortez suffered great pain and anguish, both in mind and body, and in the future, will continue to suffer.”

Craig Brown, the attorney for Cortez, could not immediately be reached for comment.

The lawsuit is next due in Kane County April 12 and seeks unspecified damages of more than $50,000, records show.

Yanni is free on bond while the DUI case is pending and must wear an alcohol monitoring device.

He is next due in DeKalb court March 10 and faces up to 14 years in prison if convicted.

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