The family of the late David R. Browning Jr., 17, of St. Louis, filed a wrongful death lawsuit Thursday in Monroe County Circuit Court.

The suit was filed by Diane Browning, David’s mother, acting as the special administrator of the estate of David Browning Jr.

The lawsuit follows the July 18 sentencing of James M. Eschmann, 22, of Waterloo, to a term in the Illinois Department of Corrections facility after pleading guilty to a charge of aggravated DUI for his involvement in a UTV crash in the 2600 block of Trout Camp Road on Sept. 23, 2023, which directly caused David Browning’s death.

Per Thursday’s filing, the first count of negligence (wrongful death), alleges Eschmann acted in a “careless and reckless manner” by operating the UTV while under the influence of alcohol.

Eschmann’s parents Christopher and Amy Eschmann are also named in the suit and are included in separate wrongful death counts of negligence, negligent supervision and negligent entrustment and a survival action.

The filing alleges the parents “knew or should have known of (James’) dangerous or negligent tendencies, unlawful habits and present state of intoxication” at the time of the UTV crash. 

The suit also claims the parents were aware of James’ intention of operating a UTV that afternoon with Browning in order to “move deer stands.” 

According to court documents, Christopher and Amy “had contact with (James) and had the opportunity to observe his demeanor, physical appearance, his consumption of alcohol and the smell of alcohol on his breath on the afternoon of the wreck and shortly before he left the (Eschmann) residence… in the UTV.”

The count further alleges Chris and Amy failed to “adequately supervise or restrict (James’) access to alcohol and his operation of a UTV while intoxicated.”

James was living in his parents’ residence at the time of the incident and was also not yet of legal drinking age. 

The filing further alleges James was “substantially in excess of the legal (blood alcohol content) limit” as measured shortly after the crash, which occurred a “short time after he left the (Eschmann) residence.”

As Chris and Amy are also listed as the owners of the UTV, the negligent entrustment count alleges the parents had “the exclusive right to limit or prohibit his use of the UTV” as James was “under their care, custody or control,” the filing states.

The survival action, which names James, Chris and Amy, seeks “damages that the decedent (Browning) could have pursued  had he survived.”

Damages in excess of $25,000 are being sought in each of the three negligence counts. For the survival action, damages in excess of $50,000 are sought.

Monroe County Circuit Court Resident Judge Chris Hitzemann delivered a sentence of six years in an Illinois Department of Corrections following Eschmann’s July guilty plea. 

Eschmann will serve 85 percent of this term, and also receives credit for 127 days of time served in Monroe County Jail and at-home electronic monitoring.

As part of the plea, Eschmann pled “guilty but mentally ill” to the aggravated DUI charge, with prosecution agreeing to dismiss the reckless homicide charge and a cap of 10 years of incarceration.

Aggravated DUI carries a maximum prison term of 13 years.