BELLEVILLE – Main Street Brewing Company 4204 denies that its negligence caused guest Theresa Ligibel to fall into a fire pit.
Restaurant counsel Brandon Copeland of St. Louis answered her injury suit on Dec. 28 by claiming Ligibel's own negligence caused her injuries.
He claimed Ligibel failed to avoid an open and obvious condition that she could reasonably have been expected to discover.
He requested an order dismissing the complaint with prejudice.
Brian Wendler of Edwardsville filed the complaint in November, identifying Ligibel as an Illinois citizen.
He claimed she suffered severe and permanent injuries to a hip, a knee, a foot and a shoulder on Oct. 1.
“Plaintiff may have permanent scarring from her injuries,” he wrote.
Wendler claimed dark lawn edging protruded from the walkway in the fire pit area.
He claimed the restaurant owed a duty to Ligibel and others to provide reasonably safe walkways, adequate lighting, and a warning.
He claimed she was carrying food and the restaurant knew or should have known this could distract patrons from watching for hazards.
Wendler claimed Ligibel has experienced great pain and anguish.
He claimed her injuries deprived her of a job she would have started on Oct. 5, and interrupted her housing arrangements.
Angie Zinzilieta and Warren Benning of Wendler’s firm also represent Ligibel.
Chief Judge Andrew Gleeson assigned Circuit Judge Christopher Kolker.