2-615 Dismissal With Prejudice Affirmed on Appeal - Alleged Injury due to Restaurant Melee
Lori A. Vanderlaan and Mathew K. Hargrave
Plaintiff was allegedly injured during a fight at a restaurant in the early morning hours on the north side of Chicago in early 2012. In a case that was first pending in Lake County and then later in Cook County following a voluntary dismissal and re-filing, BVH fought Plaintiff's multiple attempts attempts to hold the restaurant's alleged owner liable for Plaintiff's injuries. After 5 attempts at complaint amendments across the two counties, the trial court in Cook County dismissed Plaintiff's claims against BVH's client and others with prejudice. The appellate court affirmed the dismissal, finding that Plaintiff had failed to state a cause of action under which the parties could be held liable.