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54th Street restaurant accuses customer of causing his fall from intoxication

By Heather Isringhausen Gvillo | Aug 18, 2015

An Edwardsville restaurant denies liability in a customer’s slip and fall suit, arguing that the patron became intoxicated and was unable to maintain his balance.

Thomas Detienne filed his lawsuit on May 5 against Kellan Restaurant Management Corp, doing business as 54th Street Bar & Grill of Edwardsville.

According to the complaint, Detienne claims he slipped and fell in a pool of water on the floor of the defendant’s premises, located at 6660 Edwardsville Crossing Drive in Edwardsville on July 14, 2014.

The plaintiff says the restaurant is guilty of careless or negligent omissions. He claims the defendant allowed a water leak to persist after learning of its existence, improperly operated and managed the premises, failed to erect barriers and post warnings of the hazard and neglected to inspect and repair the flaws leading to the wet floor conditions.

Kellan Restaurant Management answered the complaint on June 15 through attorney Marcus J. Raymond of Maryland Heights, denying the allegations against it.

The defendant argues that the plaintiff caused his own injuries when he failed to keep a careful lookout for his own safety, voluntarily became intoxicated and was therefore unable to maintain his balance or reflexes, failed to adhere to warnings and signs and failed to avoid the alleged hazard, the defendant’s affirmative defenses state.

Detienne filed a response to the affirmative defenses through attorney Gregory M. Tobin of Pratt & Tobin in East Alton, denying the allegations against him.

The plaintiff seeks damages in excess of $50,000, plus attorneys’ fees and costs.

Madison County Circuit Court case number 15-L-565

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Pratt & Tobin PC

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