Friday's South blames patron for instigating assault; Denies allegations in injury suit

By Heather Isringhausen Gvillo | Nov 20, 2013

Friday’s South bar is denying allegations against it in a patron’s lawsuit claiming he became disabled after another customer became intoxicated and injured him.

According to the complaint filed Sept. 13, John A. Mueller claims he was injured after Christopher J. Martin became intoxicated.

Mueller fails to specify how Martin injured him in his complaint, but says he experienced pain and suffering and became disabled.

Defendant Friday’s South answered the complaint on Oct. 2 denying the allegations against it and filed affirmative defenses through attorney Robert F. Hogan of Nyhan, Bambrick, Kinzie & Lowry PC in Chicago.

Friday’s stated, “The injuries and damages of which the plaintiff complains were caused in whole or in part by the actions of the plaintiff in that he initiated and instigated the assault and battery of which he complaint and provoked the attack of which he complains.”

Mueller answered the affirmative defenses on Oct. 30, through attorney Kevin T. Hoerner of Becker, Paulson, Hoerner & Thompson in Belleville, denying each one.

Mueller seeks a judgment of more than $50,000.

St. Clair Circuit Judge Robert LeChien scheduled a mandatory status conference for Dec. 10 at 9:30 a.m.

St. Clair County Circuit Court case number 13-L-465

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