Fatal fall at bar brings regret and $1M settlement

A $1 million settlement concluded the case of a Winona man who died after a friend allegedly failed to summon help in the wake of a pre-dawn fall at a tavern.

“He didn’t make a phone call, didn’t do anything,” said John M. Simon of the Simon Law Firm. “He just left the guy there.”

According to Simon, the November 2018 incident at Salty Jack’s Bar & Grill in Eminence began when Joseph David Barnes, a former DJ at the establishment, was leaving the premises with owner Shawn Nye just before 5 a.m. As security cameras rolled, Barnes, who had been drinking alcohol and smoking marijuana, fell down the stairs.

According to a Shannon County Sheriff’s Department incident report, Nye briefly tried to rouse the fallen man but got no response and ultimately left the building without getting help.

“While reviewing the footage, Mr. Nye sat beside me in a chair and stated, ‘I know I should of called someone, but I didn’t,’” the responding officer wrote.

Barnes died during the next few hours. An autopsy found a hematoma on the decedent’s head and listed the cause of death as hypertensive atherosclerotic cardiovascular disease.

The incident report also said that the county coroner theorized that Barnes would have lived had EMS been contacted.

Simon, who represented the decedent’s mother, said Barnes, 50, had no spouse or children.

“His friends, his neighbors said he was a wonderful guy who never had it out for anybody,” Simon said. “A really nice guy.”

Simon said the defendants’ insurer paid after a non-negotiable demand letter was submitted. A suit was never officially filed, but the agreement was submitted to a judge in St. Louis for approval.

James Foland of Foland, Wickens, Roper, Hofer & Crawford, an attorney for the defendants, did not respond to a request for comment.

RELATED: Click to search for and submit your Verdicts & Settlements