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MADISON - ST. CLAIR RECORD

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Lopinot grants default judgment for plaintiff in case against attacker

A man suing a Belleville bar saying he was attacked and beat up by another bar patron was granted default judgment against his alleged attacker.

Plaintiff Derek Wilke filed a motion for default judgment on Dec. 9 through attorney Don Cary Collins of Belleville against defendant Mic Berringer.

Wilke claims Berringer was served summons and a copy of the complaint on Oct. 7, but has failed to make an entry of appearance or file an answer after more than two months.

St. Clair County Circuit Judge Vincent Lopinot granted the motion for default judgment against Berringer regarding counts I and II of the complaint. He scheduled a hearing for the prove up of damages against Berringer on default judgment for Jan. 21, 2014, at 9 a.m.

According to the complaint filed Sept. 20, Wilke claims he was a guest in the Silver Creek Saloon in September 2012 while Berringer was also at the bar. He alleges Berringer was served drinks, which resulted in him becoming intoxicated. Wilke claims Berringer, while drunk, attacked him and hit him several times in the face.

The bar and its owner, JJJR Silver Creek, are accused of violating Illinois’ Dram Shop Act. Berringer is accused of negligence.

Wilke seeks a judgment of more than $200,000.

Lopinot granted defendant Silver Creek’s motion for an extension of time on Nov. 19, giving the defendant 21 additional days to respond to the complaint.

Lopinot scheduled a case management conference for Feb. 10, 2014, at 9 a.m.

An attorney for Berringer has not yet been identified.

St. Clair County Circuit Court case number 13-L-486

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