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MADISON - ST. CLAIR RECORD

Thursday, March 28, 2024

Troy bar sued over $91K in fire damage to gambling machines denies allegations

State Court

EDWARDSVILLE — A bar sued after a fire destroyed gaming machines on its premises denies responsibility for the loss.

My Brothers Place in Troy responded to allegations made by Accel Entertainment Gaming in a case being heard by Madison County Circuit Court Judge Dennis Ruth. A case management conference is due to take place Wednesday.

The case centers on a fire in the bar in September 2016. Accel claims to be owed more than $91.000 in damages following the fire. The defendant denies all the allegations.

In its affirmative defenses, My Brothers Place argues that the "plaintiffs' injuries and damages, if any, were caused in whole or part by Accel Entertainment Gamings own contributory fault."

Further, the conditions in the bar that caused the damage were "open and obvious," and the defendant upheld all obligations of the contract between the two adversaries.

Accel Entertainment Gaming, which filed the complaint April 13, claimed the bar "breached its duty to exercise due care for the safety of plaintiff's gaming terminals."

The plaintiff alleges that on Oct 12, 2012, it entered into a contract to provide video gaming terminals to the defendant. On Sept. 16, 2016, the defendant's property experienced a fire, causing damage in the amount of $91,253.38. 

My Brothers Place is accused of failing to provide adequate electrical components and failed to properly install them to prevent electrical breakdown.

Following the fire, Troy Fire Chief Rick McCurdy told a newspaper that his firefighters believed the blaze started near the kitchen area. Some damage was caused, including to the gaming terminals, but it was not destroyed.

The bar is represented by Donald J. Ohl and Mark W. Dinsmore of Knapp, Ohl & Green in Edwardsville.

Accel is represented by David I. Ahlheim and Yvette M. Boutaugh of Childress Ahlheim Cary LLC in St. Louis.

Madison County Circuit Court Case number 18-L-483

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