Plaintiff files motion to compel in case against Sharky's

Christina Stueve Jul. 11, 2012, 10:38am



Four months after seeking information in a personal injury suit from defendant Sherry Lutman and Sharky's Restaurant and Sports Bar & Billiards in Collinsville, plaintiff Edward W. Shea has filed a motion to compel.

In the July 9 motion to compel, Shea claims Sharky's failed to respond to a discovery request within 28 days.

The motion to compel states the plaintiff does not file the motion to burden the defendant or the court, but to move the case forward.

According to Shea's complaint, he was in Sharky's in February 2010 along with several other people, 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.

Co-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.

Attorney John M. Smith of Callis, Papa, Hale Szewczyk & Danzinger represents Shea.

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

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.

They are represented by Russell Scott and Laura Hayden of Greensfelder, Hemker & Gale.

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

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