An Alton tavern claims a concert-goer caused her own injuries when she allegedly fell off a platform while trying to get to the restroom.
Christina Flannigan filed the lawsuit on Dec. 23 against Bubby & Sissy’s.
According to the complaint, Flannigan was at Bubby & Sissy’s, located at 602 Belle St. in Alton, on Dec. 27, 2013, to see a show on the second floor. She claims the area was overcrowded, violating fire codes, and there was no way for customers to get to the restroom or leave the premises.
Flannigan claims she had no choice but to step up on a platform to walk to the restroom. But she claims the lighting was poor and there were no steps on the platform, causing her to fall and injure herself, the suit states.
As a result of the fall, she claims she injured her ankle and required surgery.
Bubby & Sissy’s answered the complaint on Feb. 17 through attorneys John Cunningham and Daniel Hasenstab of Brown & James in Belleville.
The defendant argues that if the plaintiff suffered a fall, then she is “guilty of comparative negligence in that she failed to keep a careful lookout while walking on defendant’s premises.”
Bubby & Sissy’s also argues that the plaintiff allegedly fell in an area where she was not authorized to be and was not available for her use, meaning the defendant had no duty to exercise ordinary care to prevent injury.
Flannigan replied on Feb. 23 through attorneys Michael Glisson and Timothy Chartrand of Williamson, Webster, Falb & Glisson in Alton. She denied the allegations in the affirmative defenses.
She seeks damages in excess of $50,000, plus court costs and attorney’s fees.
Madison County Circuit Court case number 15-L-1666