A man accused of assault and battery at the Cahokia Knights of Columbus argues that the plaintiff’s injuries were caused by her “unprovoked” attack on another woman.
Amy Agnew filed her lawsuit on Aug. 14 against Scott Lindhorst and Knights of Cahokia Inc., doing business as Knights of Columbus Hall No. 4596.
According to the complaint, Agnew claims Lindhorst physically assaulted and battered her without cause or provocation on May 31 at the Knights of Columbus Hall located at 100 East 5th Street in Cahokia.
As a result of the assault, Agnew claims she suffered a fractured nose, jaw and teeth problems, injuries and scarring to her head and face, headaches and injuries to her internal organs.
Agnew alleges the Knights of Columbus was negligent in allowing Lindhorst to remain on the premises when it knew or should have known he posed a danger to patrons.
Knights of Cahokia answered the complaint on Sept. 10 through attorneys Troy Bozarth and Daniel Lytle of HeplerBroom in Edwardsville.
The defendant asserted six affirmative defenses against Agnew, arguing that she had a duty to exercise and use ordinary care and caution for her own safety. The defendant also claims she provoked an altercation with Scott Lindhorst, contributing to her own alleged injuries.
Scott Lindhorst answered the complaint on Sept. 15 through attorney Kenneth Leeds of St. Louis. He argues that Agnew’s alleged injuries were caused by her “unprovoked attack on Tracy Lindhorst.”
Agnew responded on Sept. 24 through attorney Steven Katzman of Katzman & Sugden in Belleville, denying the allegations against her in the defendants’ affirmative defenses.
She also filed a motion to strike Scott Lindhorst’s affirmative defenses, arguing that a matter of law would not apply because her cause of action is based upon willful, wanton and intentional acts rather than negligence.
The plaintiff seeks a judgment of more than $50,000 from each defendant, plus costs of the suit.
St. Clair County Circuit Judge Vincent Lopinot scheduled a status conference for Nov. 9 at 9 a.m.
St. Clair County Circuit Court case number 15-L-456