Intoxication at BR Cavern allegedly causes fights, head injuries

Kelly Holleran Sep. 4, 2009, 2:32am

A man has filed two separate suits against two patrons who he alleges attacked him after being served alcoholic beverages at an East Alton bar.

Daniel Tow claims he was at Dave and Judy's, doing business as BR Cavern, on March 1 when Sam Lavite, who had become intoxicated from alchoholic beverages he was served at the bar, intentionally began a fight with him and caused injuries to his right hand.

Again, Tow was at BR Cavern on July 1 when William P. Thompson, who was also allegedly intoxicated, began another fight with him and caused injuries to Tow's head.

As a result of the bodily harm Thompson and Levite caused Tow, Tow experienced pain, suffering, disability and a loss of wages and incurred medical costs, according to the complaints filed Aug. 31 and Sept. 1 in Madison County Circuit Court.

In addition to Thompson and Lavite, BR Cavern and its owner, Judith D. Kuehnel, are named as defendants in both suits because of their failure to supervise patrons, their failure to provide adequate security and their failure to take adequate precautions to prevent a fight from breaking out, the suit states.

In each of the five-count suits, Tow is seeking an unspecified judgment, plus costs.

He will be represented by Lance R. Mallon and Dawna M. Hale of Mallon Law Firm in Wood River.

Madison County Circuit Court case numbers: 09-L-904, 09-L-907.

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