Parents of drag race victim file suit

The parents of former student Jeffrey Maiatico, 20, who was killed in an October 2003 drag racing crash, have filed several lawsuits seeking justice for damages inflicted upon them following their son's death.\nOn Oct. 31, 2003, juniors Jeffrey Maiatico, Daipayan Banerjee and Patrick McBride engaged in a high-speed car chase after leaving Axis nightclub visibly intoxicated, according to the lawsuit. Both drivers lost control of their vehicles at the same time. Banerjee's car became airborne and struck a tree, killing Maiatico, according to police reports. Banerjee suffered minor injuries and McBride was unharmed.\nAfter enduring almost two years of psychological counseling, Marc and Anita Maiatico filed complaints against Banerjee and McBride, Axis nightclub and Liberty Mutual Fire Insurance last week. The complaint said Banerjee and McBride failed to maintain proper control of the vehicles they operated while intoxicated along Indiana Highway 46, near Moores Pike.\n"As a direct and proximate result of Daipayan Banerjee's and Patrick McBride's recklessness and negligence, Jeffrey Maiatico died," according to the complaint. "Daipayan Banerjee's and Patrick McBride's conduct was reckless, willful and wanton with conscious disregard for probable injury."\nThe Maiatico's also filed a complaint against their insurance provider, Liberty Mutual Fire Insurance, claiming they should receive compensatory damages for their son's death based on their insurance policy, which is intended to cover "under-insured motorist bodily injuries."\nAxis nightclub was also named in the lawsuit for serving alcohol to the three minors and continuing to serve them while they were "visibly intoxicated."\nAxis nightclub Owner Dave Kubiac said he purchased the club in the summer of 2004 and directed comments regarding the lawsuit to former owner Dave Ross.\nRoss, who currently manages The Vogue nightclub in Indianapolis, could not be reached for comment.\nBanerjee, Maiatico's former roommate in the University Commons, said he was unfamiliar with the lawsuit and would not answer any further questions.\n"I don't know anything about any lawsuit," said Banerjee, who is back at IU after two semesters of recovery following the incident.\nBanerjee and McBride pled not guilty to charges of felony criminal recklessness in August. Both sentences were reduced to misdemeanors and Banerjee and McBride were given probation in addition to the temporary suspension of their drivers' licenses.\nJeffery Maiatico was a junior from Haddonfield, N.J. studying business and was also a member of Tau Kappa Epsilon fraternity.\nFollowing his death, Maiatico's family established a scholarship in his honor at his former high school. The Kelley School of Business also set up a Jeffery Maiatico Volunteer of the Month Award through the Civic Leadership development program. The award will provide a plaque and gift certificate to promising business students each month for their accomplishments.\n-- Contact Staff Writer Lori Geller at lfgeller@indiana.edu.