Ruth orders plaintiff to answer questions in suit against Sharky's over bar fight injuries

Christina Stueve Jan. 23, 2012, 12:21pm




Madison County Circuit Judge Dennis Ruth ordered the plaintiff in a personal injury suit to provide answers to the defendants' questions and requests for production of information within 14 days of a Jan. 20 order.

The case involves a Madison County man who is suing a Collinsville sports bar and its owner claiming he was hurt when a fight broke out near him.

Edward W. Shea filed the lawsuit Jan. 28, 2011 against Sharky's Restaurant Sports Bar and its owner, Sherry R. Lutman. The owners of the building being leased by the bar, Vernon R. Dulaney, Yenoh Land Trust and Dulaney Enterprises Inc., are also named as defendants.

According to the complaint, Shea was in Sharky's in February 2010 along with several other people who were playing poker. Shea claims those people, while allegedly drunk, started fighting.

Shea says one or more of them fell onto him, and he was knocked down, breaking his ankle.

Shea accuses Sharky's, Lutman and the owners of the building that houses the bar of negligence and violations of Illinois' Dram Shop Act.

Sharky's has stated the plaintiff's damages were caused by his own negligence because he failed to keep a careful lookout while on the premises.

Defendant Dulaney Enterprises states the plaintiff failed to bring this action within the time period allowed by the applicable statute of limitations.

Dulaney Enterprises also claimed the plaintiff caused the drunkenness of the intoxicated person by furnishing him with the liquor that caused his intoxication and by participating in the activities that led to the alleged injury.

Shea is asking for more than $50,000 to compensate for medical expenses, loss of income and costs of the lawsuit.

Attorney John M. Smith of Granite City is representing Shea.

John Cunningham and Daniel Hasenstab are the attorneys for defendants Sherry Lutman and Sharky's Sports Bar, Restaurant and Billiard.

Russell Scott and Laura Hayden from Greensfelder, Hemker & Gale represent defendants Vernon Dulaney.

Madison County Circuit Court Case No. 11-L-94

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