Preferred Pasta has asked a St. Clair County court on Sept. 8 to omit irrelevant evidence in a lawsuit alleging a customer suffered injuries at the restaurant.
Phillip Jameson of St. Clair County filed the suit Aug. 4 after he fell face down into a shelf of glasses while on his way to the restroom. He alleges the fall left him with facial deformities and permanent physical injuries. He claims the owners of the restaurant are responsible for the damages incurred during the fall.
Jameson was at the Pasta House Co. on N. Illinois Street in August 2009 to celebrate his wife's retirement with about 100 other guests. During dinner, Jameson says he left the table to use the restroom.
He went down the steps to reach the hallway leading to the restroom, and as he began to descend the stairs he says he didn't see the liquid that was allegedly on the floor. He says he hit the shelf with his face, causing severe lacerations and fractures to several bones in his face. Jameson said restaurant staff only put out the "wet floor signs" after he fell.
The defense's new action in court states some of the plaintiff's allegations should be omitted from his argument.
Jameson's claim that the "wet floor signs" were removed after the fall "constitutes the pleading of evidence as opposed to fact," according to Preferred Pasta's defense attorney, Mark Osland of St. Louis, Mo.
The allegations refer to an action taken after the incident, which is inadmissible to prove negligence, the attorney said further. The plaintiff's allegation that the defendant was negligent is not a possible conclusion, and the argument should be stricken from court, Osland wrote.
Osland further states Jameson failed to watch where he was going and did not seek assistance before attempting to move about the restaurant or descend the steps.
Osland said Jameson contributed to his own injuries, and any recovery should be reduced or barred.
St. Clair County case number 11-L-440