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JD's Roadhouse owner Joyce Avery, a former bartender and an underage bar patron, Jennifer Kerkhoff, are facing a civil lawsuit in Kosciusko Superior Court 1.
According to the suit filed by Wendy McClone, Warsaw, McClone and her husband were dining at the bar on Feb. 22, 2002, when she was attacked by Kerkhoff.
The suit says Kerkhoff was unprovoked in the attack that resulted in her biting McClone' breast, causing her to lose her nipple.
According to a Warsaw Police Department report taken at the time, the then-20-year-old Kerkhoff and McClone got into an altercation at the bar. During the fight, Kerkhoff got on top of the other woman and, as the two women were being pulled apart, Kerkhoff bit the other woman's breast.
Kerkhoff reportedly told police she was attacked by McClone. Kerkhoff's blood-alcohol content was tested and registered at .12 percent, according to the report.
Kerkhoff is being sued for medical expenses, personal loss, court costs and attorney fees.
Avery and her son, Derrick Avery, the bartender who allowed Kerkhoff to enter the bar and consume alcohol, are each being sued for their liability as bar owner and manager.
Derrick Avery reportedly was a roommate of Kerkhoff's and knowingly allowed the minor to consume alcohol.
As the business owner, Joyce Avery "breached her duty to protect the plaintiff from other patrons of JD's Roadhouse" by allowing Kerkhoff to be served after she was visibly intoxicated.
Both Averys are being sued for unspecified monetary compensation.
McClone requested a jury trial.
