Danny Glasgow of Montrose, Iowa claims a hotel manager bit his right index finger after he demanded a refund and an apology for being told to shut up.
Glasgow filed suit against the Alton Holiday Inn and its manager Joel Schunk in Madison County Circuit Court April 20 over an incident that took place Aug. 29, 2004.
According to the suit, Glasgow is seeking in excess of $150,000 in damages for injuries to his index finger.
Glasgow claims the incident took place at approximately 1 a.m. when he and his friends returned to the rendted room.
According to the complaint, Schunk approached the group in the hallway of the hotel and told one of the guests, a friend of Glasgow to "shut up."
Glasgow claims Schunk began pounding on their door loudly and then again told them to "shut up" prompting a response from Glasgow, "You can't talk to me like that, you need to apologize."
After more confrontation, Glasgow allegedly asked for a refund and then pointed his index finger toward Schunk and asked for an apology.
"Defendants Schunk then grabbed Glasgow's outstretched right index finger with his hand, put the finger in his mouth and bit down," the complaint alleges.
Glasgow claims that after the altercation, he called the Alton Police and reported that he had been assaulted by Schunk, but after the officers discussed the matter with Schunk, Glasgow was arrested for battery based on the false statements Schunk allegedly made to the police.
He claims he was taken to the police department, where he was fingerprinted, photographed and held until he posted $100 for bail.
According to the complaint, criminal charges were pending in Madison County Circuit Court until March 10, when they were dismissed.
He claims due to Schunk's false allegations he was arrested and was held and detained unlawfully and in restriction of his right of free movement and also was forced to hire an attorney to defend him against the unmeritorious crime causing severe emotional and physical stress in defending himself.
"Glasgow is a good honest citizen, and as such has never been guilty or suspected guilty of the crimes of assault and battery or of any other crime, and has deservedly obtained the good opinion of all his neighbors," the complaint states.
Glasgow claims the biting of his finger caused serious pain and damage to the finger, including bleeding, serious pain, and a total loss of feeling in the digit which has caused him to seek doctor's care.
He also claims the false charges greatly injured his reputation, and brought into public scandal and disgrace with and among his neighbors.
Glasgow also claims he suffered great anxiety and pain of body and mind and has been obliged to pay out and has paid out large sums of money in defending himself and has been greatly hindered and prevented from following and transacting his affairs and business.
In addition to the $150,000, Glasgow is also seeking punitive damages the willful and wanton disregard of his rights and feelings and the willful and wanton injury he sustained.
Glasgow is represented by Francis Duda of Anderson & Gilbert in St. Louis and Rod Pitts of the Pitts Law Firm in Wood River.
The case has been assigned to Circuit Judge Don Weber.
06 L 359