A status conference is scheduled at 9 a.m. Monday in St. Clair County Judge Andrew Gleeson's courtroom in the case filed by Phillip Jameson of St. Clair County against Preferred Pasta, owner of the Pasta House Restaurant.
Jameson filed suit Aug. 4 after allegedly falling face down into a shelf of glasses while on his way to the restroom at the Pasta House in Fairview Heights.
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 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 descended the stairs, he says he didn't see liquid that was allegedly on the floor.
He claims that after falling he hit a 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.
But, defense attorney Mark Osland of St. Louis has answered that Jameson's claims regarding the wet floor signs constitutes the pleading of evidence as opposed to fact.
Osland states that Jameson's allegations regarding the sign refers to an action taken after the incident, which is inadmissible to prove negligence.
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.
Steven Kellogg of Belleville represents the plaintiff.
St. Clair County case number 11-L-440