Patron sues bar and intoxicated customer for brawl

Steve Gonzalez May 5, 2005, 6:46am

Marine Bar & Grill on North Duncan in Marine

Marine Bar and Grill patron Don Schmerbauch filed a four-count $200,000 suit against the bar and fellow patron, Brian Kugler, for injuries he sustained during a brawl at the tavern on Jan. 23.

“Defendant, Brian Kugler, willfully, maliciously and intentionally assaulted Don Schmerbauch, with great force and violence and in an attempt to avoid and elude Kugler’s onslaughts, Schmerbauch injured his knee,” the complaint filed May 2 in Madison County Circuit Court states.

Schmerbauch claims as a result he suffered pain, medical bills to be cured of his injuries, lost sums of money that he otherwise would have made as an able-bodied person, and was unable to attend to his ordinary affairs of life.

According to the complaint, Schmerbauch is seeking a judgment against Kugler in excess of $100,000 claiming Kugler failed to exercise ordinary care as not to cause injury to him.

“Kugler’s actions were intentional, willful, malicious and without cause or provocation on the part of Schmerbauch, therefore Schmerbauch should receive punitive damages in addition to actual damages, for sake of example and by way of punishment,” the complaint states.

Schmerbauch also is seeking at least $100,000 in damages from Marine Bar & Grill alleging the tavern failed to take any steps in order to protect him from an intoxicated Kugler, who was approaching him in a threatening manner.

He claims that Marine Bar and Grill failed to warn him that Kugler was acting in an aggressive manner, and failed to remove Kugler from the tavern when his hostile attitude was known.

Schmerbauch is represented by David Hesi of Alton.

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