CHICAGO — An Illinois appeals panel has ruled the owners of a now-closed Near West Side bar cannot be sued for a "targeted" murder that took place there because the slaying was not a foreseeable event. To rule otherwise, the justices said, would essentially require restaurants and bars to hire "round-the-clock security."
Natalie Witcher is the special administrator for the estate of Toney Adewoye, who was fatally stabbed at Plush, 1104 W. Madison St., Chicago, in October 2011. The bar has since closed.
Witcher sued the defunct establishment's owners in 2016, alleging they did not provide adequate security despite a history of criminal incidents. Cook County Judge Patricia Sheahan granted summary judgment in favor of Plush, prompting Witcher’s appeal to the Illinois First District Appellate Court.
Illinois Appellate Justice John Griffin
Justice John Griffin wrote the appellate court opinion, issued Oct. 7. Justices Michael Hyman and Daniel Pierce concurred.
The panel said generally landowners are not obligated to protect others from third-party criminal attacks, although restaurants and bars might assume that duty when prior incidents can be shown to give the owner reason to believe patrons could be in danger.
At trial, Witcher noted Plush provided security on weekends and argued it should have done so on weekdays, such as the Wednesday on which Adewoye was killed. She cited Chicago Police Department data showing 20 incidents at the address from January 2006 through October 2011, including 11 batteries, one assault, five thefts and three motor vehicle thefts. Of those, six were on a Friday or Saturday, one took place on a Wednesday and the other 13 on other weeknights.
The appeals panel said the police reports were “the exact type of evidence we have warned would be insufficient to demonstrate the existence of a duty on the part of business to protect patrons,” further noting the reports do not link the crimes to Plush, they just list the same address. This means the calls could have been connected to the building’s four apartment units.
“The crime against Adewoye was a sudden, unforeseeable and targeted murder,” Griffin wrote. “The assailant in this case, a still-unknown man, came into the lounge, did not order a drink, and spoke directly with Adewoye. The man then stabbed Adewoye in the neck and left the premises. There is no evidence in the record to suggest that the murder related to anything that happened at the restaurant nor is there any evidence that the murder occurred because of Adewoye’s presence at the restaurant. There is similarly no evidence in the record that any event even remotely similar to this crime had ever occurred at Plush before. As a result the crime was not reasonably foreseeable and the defendant had no duty to protect plaintiff’s decedent from the criminal act of the unknown third party.”
The panel said trial witnesses testified they had never seen Plush patrons display a weapon, nor had they observed fights inside the restaurant. The 30 customers the night in question were “mature and jovial,” according to one witness. Plush owner William Kleronomos said he hired weekend security because crowds were larger, not because of an assumed crime risk.
“From reviewing the record,” Griffin wrote, “It is apparent that this crime was an aberration that neither the restaurant owner nor its patrons could have ever suspected.”
The panel also noted Witcher’s expert opinion regarding Plush’s duty of care to customers was stricken because of improper disclosure, a defect she didn’t amend when given the chance.
“For us to say that Plush should have prevented the attack in this case would be to say that just about every bar and restaurant should have round-the-clock security lest they be liable for any unexpected targeted killing on their premises,” Griffin wrote. “Illinois law does not support such a result.”
According to Cook County court records, Witcher has been represented in the case by attorney Ehsan Eftekhari, of Chicago.
Plush has been represented by attorneys with the firm of Heineke & Burke, of Chicago.