Cooke V. Maxum Sports Bar & Grill, Ltd., 2018 IL App (2D) 170249
Illinois Official Reports Appellate Court Cooke v. Maxum Sports Bar & Grill, Ltd., 2018 IL App (2d) 170249 Appellate Court RICHARD COOKE and REBECCA OBERJAT, Plaintiffs-Appellees Caption and Cross-Appellants, v. MAXUM SPORTS BAR & GRILL, LTD.; GREGORY M. SERAFIN, Individually and as Agent of Maxum Sports Bar & Grill, Ltd.; and JOSEPH B. TOPOR, Individually and as Agent of Maxum Sports Bar & Grill, Ltd., Defendants and Cross- Appellees (Maxum Sports Bar & Grill, Ltd., Defendant-Appellant and Cross-Appellee). District & No. Second District Docket Nos. 2-17-0249, 2-17-0537, 2-17-0550 cons. Filed June 28, 2018 Decision Under Appeal from the Circuit Court of Du Page County, No. 12-L-87; the Review Hon. Dorothy French Mallen, Judge, presiding. Judgment Affirmed. Counsel on Michael Resis, of SmithAmundsen LLC, and Ryan L. Greely, of Appeal KoponAirdo, LLC, both of Chicago, for appellant. Stewart D. Stoller and Steven E. Garstki, of Chicago, for appellees. Panel JUSTICE McLAREN delivered the judgment of the court, with opinion. Justices Hutchinson and Spence concurred in the judgment and opinion. OPINION ¶ 1 On October 24, 2010, plaintiffs, Richard Cooke and Rebecca Oberjat, were attacked and battered in a parking lot after leaving a nightclub operated by defendant Maxum Sports Bar & Grill, Ltd. (Maxum). Plaintiffs and their attacker, Antoine Matthews, were all patrons of Maxum prior to the attack. Matthews was subsequently convicted of aggravated battery and served three years in prison. ¶ 2 Subsequently, plaintiffs sued Maxum and Maxum’s owners, defendants Gregory M. Serafin and Joseph B. Topor, individually and as Maxum’s agents, seeking damages for their injuries.
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