Madison - St. Clair Record

Wednesday, August 21, 2019

Bar denies liability in suit alleging patron drove vehicle into house

By Heather Isringhausen Gvillo | Nov 10, 2015


A bar and the holder of its liquor license deny liability in a woman’s suit alleging a bar patron became intoxicated and drove her vehicle into the plaintiff’s home.

Myrtle Kirk filed the Dram Shop suit on Sept. 4 against D.J.’s Bar and Grill Inc. and Debra Lovell, the holder of the bar’s liquor license.

According to the complaint, on Nov. 18, 2014, D.J.’s Bar and Grill served liquor to Alexas Graham, a patron of the bar who allegedly became intoxicated and later drove her car into Kirk’s house.

Kirk claims the accident caused her to suffer injuries to her back, neck, shoulders and other areas, some of which may be permanent, the suit states. The collision also caused property damage to Kirk’s home.

The defendants answered the complaint on Nov. 6 through attorneys Stephen Heil and Zachary Shook of Cray Huber Horstman Heil & VanAusdal in Chicago, denying the allegations against them and arguing that they are entitled to a set-off against any adverse judgment entered against them for the full amount of any money paid in settlement before or after the initiation of the suit.

The plaintiff seeks damages in excess of $50,000.

Michael P. Glisson of Williamson, Webster, Falb & Glisson in Alton represents Kirk.

Madison County Circuit Court case number 15-L-1142

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