Shop 'N Save motion for sanctions to be heard by Crowder April 25

By Ann Maher | Apr 22, 2014


A sanctions hearing will be held at 9 a.m. on April 25 in a lawsuit that blames a grocery store chain for selling alcohol that led to a man’s intoxication and car accident.

Defendant Shop ‘N Save Warehouse Foods will argue that plaintiff Jalen Smith has failed to respond to discovery requests as ordered by Madison County Circuit Court Judge Barbara Crowder.

Smith sued last August claiming he was riding in a vehicle with Nikolas Becoat on Aug. 25, 2012, when Becoat caused a collision. Just before the incident, Becoat consumed alcohol he purchased from defendant Shop ‘n Save. Smith blames the grocery store for selling the alcohol to Becoat.

Shop ‘N Save, represented by Beth Boggs of Boggs, Avellino, Lach & Boggs in St. Louis, asks Crowder to impose sanctions that could include striking the plaintiff’s pleadings, dismissing the case with prejudice and ordering Smith to pay costs.

The company has previously argued that Smith’s damages, if any, were of his own doing because he voluntarily assumed the risk of getting in a vehicle with an intoxicated driver.

Michael P. Glisson of Williamson, Webster, Falb & Glisson in Alton represents Smith.

Madison County Circuit Court case number 13-L-1474


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