A personal injury suit against Fast Eddie's bar and restaurant in Alton is docketed in Madison County Circuit Judge William Mudge's court June 16 with plaintiffs' motions to compel production of discovery documents pending.
Cleda Chesnut and George Chesnut filed suit in March 2014, alleging Cleda Chesnut tripped on a step at the restaurant's enclosed patio, and fell, breaking her hip. The incident occurred Sept. 29, 2013.
In March, Mudge denied Fast Eddie's motion for summary judgment four months after its lawyers - James C. Leritz and Kelly T. Kirkbride of St. Louis - argued that a reasonable person would have avoided the open and obvious hazard posed by the step.
In his order, Mudge wrote that "the issues of whether Defendant was negligent, whether the hazard posed by the curb was open and obvious and whether the distraction doctrine should apply are all questions of fact appropriately decided by a jury."
Brian M. Wendler and Ellen Burford of Wendler Law in Edwardsville represent the Chesnuts.
Cleda Chesnut claims she has incurred medical costs, experienced great pain and mental anguish and suffered permanent scarring. She also alleges she lost her normal life.
George Chesnut claims he lost his wife’s support and services following the fall and incurred medical costs.
They seek a judgment of more than $100,000, plus costs.
Madison County Circuit Court case number 14-L-403