EAST ST. LOUIS - Tavern on Main, a Belleville restaurant that until the lockdown served as watering hole for St. Clair County courthouse personnel, chose not to defend an injury suit in that courthouse.
Tavern on Main removed the suit to U.S. district court on July 29.
Plaintiff Donna Jenkins of Missouri filed it in St. Clair County in May, alleging she suffered injuries last year when a patio umbrella hit her.
Her lawyer Tarun Rana of Creve Coeur, Mo., wrote that she exercised due care for her safety.
He wrote that Tavern on Main owed Jenkins a duty to exercise ordinary care.
“Plaintiff suffered severe injuries including but not limited to an injury to her head, neck and left ring finger, which required medical treatment,” he wrote.
Chief Circuit Judge Andrew Gleeson assigned Circuit Judge Christopher Kolker.
On June 29, Kolker set a Zoom meeting for July 27.
The limit of 30 days for removal to district court still applied at that point because Jenkins hadn’t served the summons.
Tavern on Main received service on July 2, and removed the suit 27 days later.
Tavern on Main counsel Peter Westhoff of St. Louis asserted diversity jurisdiction between citizens of Missouri and Illinois.
He filed an answer to the complaint, writing that the amount in controversy exceeded the $75,000 minimum for federal jurisdiction.
“Plaintiff has demanded $300,000 to settle this matter," he wrote.
He admitted that a patio umbrella hit her.
He wrote that any injuries were a result of negligent acts or omissions of individuals over whom Tavern on Main had no control.
He wrote that Jenkins failed to mitigate her damages by seeking prompt and appropriate medical care and by failing to follow medical advice.
The court clerk assigned U. S. Magistrate Mark Beatty, who will preside if both sides consent to magistrate jurisdiction.
If a party declines consent, the clerk will assign a district judge.