A Belleville tavern denies liability in a suit alleging a woman was hit in the head by an unsecured patio umbrella.
Donna Jenkins filed the complaint May 13 in St. Clair County Circuit Court against Marco’s Tavern on Main Inc.
According to her complaint, Jenkins claims she was legally on the property as an invitee on June 10, 2019, when she was allegedly hit by an unsecured patio umbrella.
Jenkins alleges she was exercising due care for her safety at the time of the incident.
Jenkins claims the defendant failed to keep the outdoor dining area in a reasonably safe condition, failed to properly maintain the premises, failed to inspect and discover an unsafe and dangerous condition, failed to warn of the unsafe condition, and was negligent in the operation, maintenance, control and upkeep of its premises.
As a result, Jenkins allegedly suffered injuries to her head, neck and left ring finger, causing her to incur medical expenses.
The complaint was removed to the U.S. District Court for the Southern District of Illinois on July 29. The defendant argues that removal is appropriate because the action is between citizens of different states and the amount in controversy exceeds $75,000.
Marco’s Tavern on Main answered the complaint the same day it was removed to federal court through attorney Peter Westhoff of Hennessy & Roach PC in St. Louis.
The defendant admits that Jenkins was hit by a patio umbrella but denies liability.
In its affirmative defenses, Marco’s Tavern on Main argues that Jenkins’ alleged injuries were the result of the negligence of others.
The defendant also argues that Jenkins failed to mitigate her damages by seeking prompt and appropriate medical care or by failing to follow medical advice.
Jenkins seeks a judgment in excess of $50,000, plus costs.
This article was first published in Madison Record.
