Landowner not responsible for third-party 'criminal acts'; Smokehouse Bar answers personal injury suit

By Christina Stueve Hodges | Feb 12, 2013

John Cunningham

The Smokehouse Bar in Pierron responded to a lawsuit against it after a Greenville woman was allegedly assaulted in the bar by a Pierron woman.

According to the complaint filed in December in Madison County Circuit Court, plaintiff Sheila Mae Carter claims she was at the bar on Feb. 22, 2012, at 11:33 p.m., when defendant Mary Murphy allegedly struck her and forced her to the ground and then “violently and physically beat and kicked her.”

Murphy also is a defendant.

County Line Smokehouse, doing business as Smokehouse Bar, filed a motion to dismiss Feb. 4.

It claims a landowner has no duty to protect third parties from criminal acts that occur on its premises. A duty may arise only if the landowner should have foreseen or expected the criminal act would occur.

County Line Smokehouse also stated Illinois is a fact-pleading state. According to state law, a pleader must set forth “substantial allegations of fact necessary to state any cause of action.”

Carter seeks in excess of $50,000.

Carter is represented by the law firm of Hassakis & Hassakis in Mt. Vernon.

John P. Cunningham and Daniel G. Hasenstab of Brown & James represent County Line Smokehouse.

The case is assigned to Madison County Circuit Judge Dennis Ruth.

Madison County case number 12-L-2044.

More News

The Record Network