Bielaga v. Mozdzeniak

Following a jury trial, the defendants, Edward Mozdzeniak and Cheers, Inc. (Cheers), were found to be not liable for the injuries sustained by the plaintiff, Darlene Bielaga. On appeal, Bielaga contends the trial court erred when it: (1) allowed evidence of her drinking, and (2) found that the jury’s verdict was not against the manifest weight of the evidence. For the reasons that follow, we reverse and remand this case for a new trial.

OVERVIEW

While in a bar, the defendant, Mozdzeniak, who was on duty as a bartender for Cheers, physically lifted up the plaintiff off of her seat. While holding…