Craig Smelser claims he was battered on the head with a beer bottle by a bouncer and his "co-conspirator" in the parking lot of Paesano's Restaurant at 2 a.m. on Oct. 7, 2006.
Seeking in excess of $250,000 in compensatory and punitive damages, Smelser filed suit March 26 in St. Clair County Circuit Court against Paesano's owners Alen R. Carfagno and Mark Onstott, Paesano's bouncer Brett A. Carfagno and Jordan C. Swan.
Paesano's was located in Shiloh in the former "Barn" restaurant, but is no longer open for business.
Smelser, represented by Paul M. Storment, Jr. of Belleville, claims Paesano's owners failed to prevent Brett Carfagno from initiating an altercation with him and his friends.
He also claims the owners should have known that Brett Carfagno had aggressive tendencies, and claims that he was allowed to consume alcoholic beverages while performing his duties as bouncer.
Smelser claims he was knocked unconscious and had to seek treatment at Memorial Hospital for head injuries. He claims he suffered great pain and mental anguish.
He also claims Swan conspired to perpetrate a battery on him by "throwing or hitting the plaintiff in the head with a beer bottle and kicking the plaintiff about the body," the complaint states.