Cunningham
Madison County Circuit Judge William Mudge on Wednesday set a Jan. 22, 2013 jury trial in a man's lawsuit against Inn Between Tavern.
Defense attorney John Cunningham certified Monday that all attorneys in the case received the plaintiff's discovery depositions.
Fred Fox Jr. filed a lawsuit April 28, 2010 against Inn Between Tavern and Corey Glenn.
Fox claims he visited the establishment on May 1, 2009, when he noticed a group of people becoming intoxicated. One of those people, Glenn, allegedly struck Fox in the face with no warning or provocation, according to the complaint.
Because of the attack, Fox claims he was injured, incurred pain, medical costs and lost money because of his inability to work, the suit states.
The certificate of service showed that discovery depositions of Fred Fox Jr., Brenda Fox and Sara Fox were served to all attorneys of record.
Fox says Inn Between Tavern should be held accountable for the attack because it failed to provide security to break up fights, failed to protect its patrons from injury and failed to warn patrons of dangerous conditions.
Fox seeks a judgment of more than $50,000.
The tavern claims the plaintiff provoked other patrons into striking him by attempting to instigate a physical confrontation with them and verbally antagonizing or threatening said patrons.
The tavern also says the plaintiff's damages were caused by the plaintiff's negligence in that the plaintiff intentionally involved himself in a physical confrontation with Glenn and other patrons.
Morgan Scroggins of Scroggins Law Office in Granite City represents Fox, Jr.
John Cunningham of Brown & James represents Inn Between Tavern.
Madison County Circuit Court case number: 10-L-465.