MOUNT VERNON – Madison County Circuit Judge Christopher Threlkeld correctly ruled that Bubby and Sissy’s bar in Alton didn’t cause Lori Schnaare to fall down its stairs, according to Fifth District appellate judges.
The appellate court affirmed Threlkeld on Jan. 6, sharing his view that Bubby and Sissy’s took reasonable steps to protect customers from dangers on the stairs.
They found the law doesn’t require owners to foolproof stairs against normal risks.
Schnaare and two friends went to Bubby and Sissy’s on Sept. 3, 2017, to watch a drag show on the second floor.
After the show, Schnaare fell and hit her face and neck.
Keith Short of Alton filed suit for her in 2018, claiming Bubby and Sissy’s failed to properly light and maintain the stairwell.
He claimed the bar created a hazardous condition by serving alcohol upstairs when the only means of access was a staircase.
At a deposition Schnaare testified she was 49 years old and suffered from multiple ailments, including morbid obesity.
She said she and her friends arrived around 9 p.m. and she drank two Bahama Mamas downstairs.
She said she went upstairs without incident around 10 p.m. and drank two or three Bahama Mamas while she watched the show.
Schnaare said she wasn’t intoxicated but acknowledged that medical records indicated her blood alcohol level was elevated.
She said that when the show ended, her friends went downstairs and she stayed upstairs to use the restroom.
She said she started down the stairs, held a rail to her right, placed both feet on each step, and fell at the third step.
Schnaare said she could see the stairs in front of her, there was no problem with the rail, the carpet wasn’t raised, and the step wasn’t uneven.
Bartender Chad Sherwood testified at a deposition that he let Schnaare and her friends go up before the second floor opened so she wouldn’t have to rush.
He said he asked her to wait after the show until everyone else went down.
He added that one of her friends put a hand on her back while she went up.
He said he served her two drinks downstairs and one upstairs before she switched to Sprite.
Bar owner Michael Paynic testified at a deposition that he added lights up the side of the staircase about four years earlier.
He said he always had caution signs throughout the building because it was more than 100 years old.
Paynic said he updated the signs about five years earlier to warn, “Caution, please watch your step.”
He said he had three signs directly in front of people descending the stairs.
Bartender Jason Brooks testified at a deposition that he installed light emitting diodes along the stairs five or six months before Schnaare fell.
He said he designed neon caution signs and placed them in well lit areas.
Bubby and Sissy’s counsel Thomas Ysursa of Belleville moved for summary judgment last February and Threlkeld granted it.
He found Schnaare knew the danger, could see the stairs, and was aware how steep they were as she had ascended them earlier.
He found no evidence of any unsafe condition or other circumstance that would lead to a triable issue.
Threlkeld concluded the bar had a duty to warn or assist Schnaare but not to do both.
He found the bar partially assisted her and took reasonable care to protect her by displaying caution signs and asking her to wait until everyone else descended.
Schnaare appealed to the Fifth District and the bar prevailed.
Justices Thomas Welch, John Barberis, and Barry Vaughan found Schnaare didn’t point to any specific condition that caused her to fall.
They found the bar discharged its duty by providing an adequate warning and didn’t have an additional duty to assist Schnaare down the stairs.
The appellate court found she ascended the stairs with help but attempted to descend without asking anyone for assistance.
They added that her friends left her upstairs to descend alone.
They found no testimony that she was visibly intoxicated or that it was foreseeable that she’d have trouble descending the stairs due to intoxication.