A man filed a lawsuit against Moe Joe’s in Plainfield that claimed the restaurant failed to protect him when a drunken customer struck him in the face with a beer bottle.
On Thursday, Tim Jensen filed a lawsuit against Moe Joe’s Cajun & Caribbean Cuisine on Lockport Street over an incident that allegedly left him with a “severe personal injury.”
Jensen claimed in the lawsuit that a customer grabbed a beer bottle at the downtown restaurant and struck him in the face after the two engaged in a verbal altercation.
Plainfield Detective Sgt. Kevin McQuaid said there is an investigation involving a battery at Moe Joe’s on Dec. 1, the same date the lawsuit said the beer bottle attack occurred.
However, McQuaid declined to release details of the incident because the investigation still is open.
Moe Joe’s owner Jamie Littell did not respond to a message and calls. Jensen’s attorney, Jeffrey Schwartz, also did not return a call or message.
The lawsuit claimed Moe Joe’s served alcoholic beverages to a customer who frequented the restaurant on a regular basis. The drinks caused the customer to become intoxicated, according to the lawsuit.
The lawsuit claimed Moe Joe’s staff observed the verbal altercation between that customer and Jensen and should have known the customer “presented a danger to their patrons.”
Jensen’s lawsuit said the Moe Joe’s staff “did not take any steps whatsoever” to intervene in the repeated verbal disputes between the two men and failed to protect Jensen from “a criminal attack.”
The lawsuit accused Moe Joe’s of failing to initiate proper security on Dec. 1, failing to properly staff the restaurant and failing to train employees on its own policies and procedures.
The lawsuit also accused Moe Joe’s of failing to “discover the likelihood of a criminal attack against one of their patrons” and failing to warn Jensen of an “imminent criminal attack.”
Jensen claimed that he not only suffered severe personal injury but he will continue to experience pain, suffering, disfigurement and disability.
Jensen filed his lawsuit under the Illinois Dram Shop Act, which makes alcohol-selling businesses liable for injuries caused by customers intoxicated by alcoholic beverages.