A popular Alton bar objects to a customer’s request to admit in a lawsuit alleging the woman suffered severe injuries to her right leg and hip after she tripped on a curb.
Cleda Chesnut and George Chesnut filed suit in March 2014, alleging Cleda Chesnut was outside Fast Eddie’s using a shopping cart when she tripped on a curb. She claims she suffered severe injuries to her right leg and hip.
In addition to her injuries, Cleda Chesnut incurred medical costs, experienced great pain and mental anguish and suffered permanent scarring, the suit states. She also alleges she lost her normal life.
George Chesnut claims he lost his wife’s support and services following the fall and incurred medical costs.
They seek a judgment of more than $100,000, plus costs.
The Chesnuts filed a motion asking the defendants to admit that it had photographs in its possession during the plaintiffs’ depositions.
Fast Eddie’s objected, claiming the request to admit is irrelevant to the lawsuit.
“Whether or not defendant’s lawyer possessed certain photographs at any particular time is not relevant to defendant’s liability, plaintiff Cleda Chesnut’s contributory negligence, or plaintiff’s damages,” the Jan. 23 objection states.
In response, the plaintiffs filed a motion to compel answers to its request to admit. They claim the defendants were supplied with the original photos from the accident scene. Then during the plaintiffs’ deposition, the defendant allegedly did not produce the photos when it asked the Chesnuts to recall and describe the accident scene. As a result, the plaintiffs’ testimony was inaccurate and inconsistent with the photographs, the motion states.
The defendant’s counsel then claimed it was unaware that Fast Eddie’s possessed the photos, but then produced them for the plaintiffs’ counsel to make copies.
Circuit Judge William Mudge scheduled a motion hearing for March 26 at 1 p.m.
A jury trial is scheduled for Sept. 21, 2015.
Brian M. Wendler and Ellen Burford of Wendler Law in Edwardsville represent the plaintiffs.
James C. Leritz of Leritz, Plunkert & Bruning in St. Louis represents the plaintiffs.
Madison County Circuit Court case number 14-L-403