Madison - St. Clair Record

Monday, August 19, 2019

Motorcyclist claims debris from fire-damaged bar caused wreck, injuries

Lawsuits

By John Breslin | Aug 12, 2019


| facebook.com

BELLEVILLE -- A motorcyclist is suing the owners of a shuttered bar in Lebanon, claiming he was struck by debris left over following a fire.

Timothy Bainter filed suit in St. Clair County Circuit Court against GNC LLC, doing business as Shady's Bar, alleging he suffered serious injuries and his motorcycle was wrecked following a collision a few days after a fire largely destroyed Shady's Bar in Lebanon.

One of the owners, contacted at another bar he owns in Lebanon, did not respond to requests for comment from the Record


Cook

The building, on Old Highway 50 near Lebanon, is "beyond repair," a Facebook post by the owners revealed. 

According to the complaint, Bainter claims he was travelling westbound on Highway 50 on May 18 when a "large sheet of metal" below on to the road. He was struck by the sheet of metal, causing him to wreck his bike.

The sheet of metal was from debris that remained near the damaged building following the fire, which happened days earlier on the evening of May 14.

In the Facebook posts following the fire, the administrator wrote, "It is with a heavy heart we have to announce there was a fire last night at Shady’s. Luckily no injuries.

"Unfortunately the building is beyond repair. We will be working with the insurance company for recovery. Stay tuned to hear about our future. We are so sad for the loss of business, our employees, and of course our customers."

Shady's Bar is guilty of one or more negligent acts, according to the complaint.

They "failed to clean up debris after a fire when they knew or should have known it created a hazard to the public," the suit states. 

Bainter also claims the owners failed to secure the debris following the blaze.

As a result of the crash, Bainter alleges he suffered "severe and permanently disabling injuries," as well as "great pain and mental anguish," and will continue to do so. He claims to have suffered injuries to his head, neck, back, shoulder and ribs.

Further, the plaintiff states that he will lose "large sums of money" because he is unable to work, and has spent money on medical expenses.  Bainter is seeking more than $50,000 in damages.

Bainter is represented by Bruce R. Cook of Cook, Bartholomew, Shevlin, Cook and Jones of Belleville.

St. Clair County Circuit Court case number 19-L-506.

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