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Home / Verdicts & Settlements / Owner gets $140,000 settlement in assault by bar customer

Owner gets $140,000 settlement in assault by bar customer

A St. Charles bar owner received a $140,000 settlement after he was severely injured by a former customer, according to the law offices of Maha Amircani.

Dustin English was attacked in the breezeway of the Undertow Restaurant on Aug. 12, 2017, at 142 N. Main St. in St. Charles. Richard Clouser punched English in the face and kicked him multiple times while he lay on the ground, according to court documents. The St. Charles Police Department reported the incident as an aggravated assault.

Clouser had been previously ejected from multiple businesses owned by English, said English’s attorney Nathan Steimel of Shea Kohl.

English’s legal team filed a personal injury petition for assault and battery as well as negligence per se. Attorneys agreed during mediation that Clouser would plead to recklessness rather than intentional conduct, which could have affected his insurance claim for settlement funds. English’s legal team initially requested $325,000, and Clouser’s team countered during mediation with $25,000 before both parties settled at $140,000.

“There would have been a trial or dismissal on arbitration if coverage issues had prevented it from being settled,” Steimel said.

English sustained orbital and facial fractures that required surgery, including three biometric plates implanted near the left eye. He suffers ongoing pain and other lasting effects such as an altered bite pattern, Steimel said.

Clouser’s attorney, Daniel Wilke of Wilke & Wilke, declined to comment on the settlement.

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Personal Injury

Venue: St. Charles County Circuit Court

Case Number/Date: 1811-CC00806/Jan. 8, 2020

Mediator: Tom Plunkert

Special Damages: Medical charges of $49,550.89

Initial Demand: $325,000

Initial Offer: $25,000

Insurer: Country Mutual Insurance Company

Caption: Dustin English v. Richard Clouser

Plaintiff’s Attorney: Nathan A. Steimel, Shea Kohl Law, St. Charles

Defendant’s Attorneys: Daniel Wilke, Wilke & Wilke, St. Louis; Ronald J. Brockmeyer, Brockmeyer Law Offices, St. Charles; Richard Woolf, Baker Sterchi Cowden & Rice, St. Louis