Cutters in Belleville named in Dram Shop suit

Ann Knef Apr. 29, 2008, 4:54am

John Misturak of Granite City has filed a Dram Shop suit against a Belleville bar owner John Brisk claiming he was assaulted and battered by a customer who consumed "large amounts" of alcohol.

According to a complaint filed April 22 in St. Clair County Circuit Court, Misturak suffered serious injuries Feb. 24 in his property after Cutters customer Duane Lemons, who was allegedly intoxicated, assaulted him without provocation.

"The alcohol sold by the Defendant caused Lemons' intoxication," the complaint states.

"Said intoxication was the proximate cause of the assault and battery of Plaintiff," the complaint states.

Misturak claims he has suffered pain, disability, disfigurement and the loss of enjoyment of life. He also claims medical expenses, loss of earnings and the impairment of earning capacity.

Represented Ronald A. Roth, Misturak is seeking in excess of $50,000 in damages plus costs of the suit.

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