Bubby & Sissy's says fall was customer's fault

Steve Gonzalez Jun. 13, 2008, 6:26am

A lawyer for Bubby & Sissy's bar in Alton claims the plaintiff in a personal injury suit against them is the only one to blame for injuries she sustained when she tripped and fell on an uneven ledge.

James Mendillo of Freeark, Harvey, Mendillo, Dennis, Wuller, Cain & Murphy of Belleville, filed the tavern's response to Joyce Kyle's April 16 complaint.

Kyle claims that Bubby & Sissy's was negligent by failing to warn visitors of the uneven surface and by failing to paint the unmarked ledge.

She filed suit in Madison County Circuit Court. Bubby & Sissy's is located in Alton.

According to Kyle, the fall caused injuries to her arms, face and right knee that have caused and will continue to cause her to suffer pain of body and mind, incur medical expenses and lose sums of money she otherwise would have earned.

Kyle is seeking damages in excess of $100,000 plus costs of the suit.

She is represented by Samuel Mormino, Jr., of Alton.

Mendillo claims the injuries Kyle allegedly received were the result of "independent intervening causes" that the bar had no control over and was also not foreseeable.

In addition, Mendillo claims Kyle has received payments and monies, either directly or indirectly, from the tavern for injuries she claims she sustained in the accident, therefore if a verdict is rendered against them in the case, the payments should be properly offset.

The bar also claims that Kyle was more than 50 percent of the proximate cause of the injury and therefore, pursuant to 735 ILCS 5/2-1116, her claims should be barred.

Madison County Circuit Judge Nicholas Byron is assigned to the case.

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