The Franchise and Schlemer's named in personal injury suit

Kelly Holleran Apr. 7, 2010, 5:27am

A man has filed suit against a bar patron who initiated an altercation with him and the owners of the bars who allowed the patron to drink intoxicating beverages.

Timothy R. Disher claims he was at defendant Schlemer's Tavern on Oct. 31 where defendant Kyle M. Chappell also was present. According to the complaint filed March 29 in Madison County Circuit Court, Chappell had previously ventured to defendant the Franchise Tavern before his excursion to Schlemer's.

At both the Franchise Tavern and Schlemer's Tavern, Chappell was served intoxicating beverages, the suit states. Because of his intoxicated state, Chappell initiated an altercation with Disher, the complaint says.

Because of the altercation, Disher claims he suffered trauma to his head and injuries to various parts of his body; experienced pain and permanent disability; was unable to work, causing him to lose wages; and incurred medical costs.

He blames Schlemer's Tavern for failing to intervene in an altercation, for failing to render assistance to Disher, for failing to call the police, for failing to call an ambulance or emergency medical technicians and for removing Disher from its premises and dumping him on adjacent premises.

In addition to Schlemer's Tavern, the Franchise Tavern and Chappell, Disher names the Franchise owners Richard E. Tite, Sherry Tite, Edward Tite and Mary Tite and Schlemer's Tavern owner Michael Schlemer as defendants.

In his three-count suit, Disher is seeking a judgment not to exceed the statutory limit for injury to his person and a judgment of more than $100,000, plus interest, costs and other relief the court deems just.

He will be represented by James E. Gorman of Lucco, Brown, Threlkeld and Dawson in Edwardsville and by Katherine M. Smith of the Law Offices of Katherine M. Smith in Alton.

Madison County Circuit Court case number: 10-L-356.

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