An Edwardsville tavern argues that an intoxicated customer caused his own injuries when he fell while being escorted from the premises by the bartender.
James Gavin filed the complaint on Jan. 16 against TSBN Cleo’s Inc., doing business as The Corner Tavern.
In his complaint, Gavin alleges he was a customer at the tavern on July 18, 2017, when he was told to leave by the bartender. He claims he was escorted off the premises by the bartender when he fell and suffered a comminuted left distal radius intra-articular fracture.
Gavin alleges the defendant used excessive force in escorting him off the premises and pushed or shoved him out the door.
As a result, Gavin claims he endured severe pain and suffering, incurred medical expenses and required operative treatment consisting of open reduction and internal fixation of his fracture.
The Corner Tavern answered the complaint on Feb. 12 through attorney Daniel Lytle of HeplerBroom LLC in Edwardsville.
In its affirmative defenses, the defendant argues that Gavin’s injuries were self-inflicted or caused by his own actions.
Gavin is represented by Eric Carlson of Byron Carlson Petri & Kalb LLC in Edwardsville.
Madison County Circuit Court case number 18-L-47