Damon's Restaurant, 1031 East College Ave., and several other businesses are co-defendants in a civil suit that alleges they are partially responsible for the drunken driving accident that killed Penn State librarian Kim Fisher last January.

Other co-defendants include Damon's International Inc. and Damon's Management Inc., both of which are based in Ohio, and The Hampton Inn, 1101 E. College Ave.

The Hampton Inn is a defendant because Damon's Restaurant utilizes the hotel's liquor license.

Scott Emel is a defendant in the civil suit and was convicted Wednesday of homicide while driving under the influence, killing Fisher.

The lawsuit alleges that all defendants were negligent in serving alcohol to Emel, claiming he was visibly intoxicated.

The lawsuit, filed in November by Fisher's sister, Carla Manley, claims the corporations were careless in failing to provide adequate training to those who supply and provide alcohol to customers who are visibly intoxicated. It also said the companies failed to provide adequate training "to recognize and determine when patrons are visibly intoxicated or incompetent to handle alcohol."

During Emel's trial last week, a witness testified Emel drank three 20-ounce beers and other alcohol at the restaurant on Jan. 7, 2000, prior to his drive in Lemont that killed Fisher.

Alvin deLevie, Manley's Philadelphia-based attorney, said the suit is in the initial phases.

"We are actively pursuing deposition and in the process of reviewing documents submitted by the defendants, including the bar's operational manual," deLevie said. The manual may provide key information in the case and provide more insight into the policies of the corporation involved, deLevie said.

The suit demands judgment against each defendant in an amount in excess of $25,000 for each count. In Pennsylvania, there is a jurisdictional limit that says less than this amount means the case will be decided by arbitration, while in excess of that amount will allow for a trial by jury.

The suit also demands judgment against Emel in the same amount, as the claim lists Emel's negligence. Failing to have the vehicle under control and operating the vehicle while intoxicated are a few of the counts the suit holds against Emel.

Although it may seem closure for the case is in the distant future, deLevie said Fisher's family is supportive of moving it along as quickly as possible.

"The family of Kim Fisher would like the court process to go as quickly and as quietly as possible to show respect for all the parties," deLevie said.

A Damon's employee refused comment about the pending trial because it is under litigation.