A man accused of attacking an Edwardsville police officer while at the popular Big Daddy’s restaurant argues that intoxication allegations made against him in a lawsuit are too vague.
According to the complaint filed on April 29, officer Andrew J. Feller and his wife, Kimberly Feller, filed suit against BubbaSliceBone, Inc., also known as Big Daddy’s Edwardsville, and Traig Henson. Feller claims he was called to Big Daddy’s while on duty to break up an altercation in the parking lot when Henson allegedly became intoxicated in the bar and attacked Feller.
Feller claims Henson struck him and violently held onto his back, torso, knee and other musculature, the suit states.
Henson responded to the Fellers’ requests to admit on Oct. 16, admitting that he had been at the bar drinking.
However, Henson objected to the allegations that he was intoxicated and had an altercation with the officer when the incident occurred, arguing that the words “intoxicated” and “altercation” are vague, ambiguous and subjective to multiple interpretations.
The Fellers refuted Henson's affirmative defenses on Dec. 10.
Madison County Circuit Judge Andreas Matoesian scheduled a case management conference for Feb. 26, 2014, at 9 a.m.
D. Jeffrey Ezra of Ezra & Associates in Collinsville represents the plaintiffs.
Jarrod P. Beasley of The Kuehn Law Firm in Belleville represents Henson.
David P. Bub and Brandon B. Copeland of Brown & James in St. Louis represent BubbaSliceBone.
Madison County Circuit Court case number 13-L-649