LAW STRANGE LAWSUIT OF THE MONTH-#2

Oak Lawn’s popular bistro, the Stoneleigh P, is one of several defendants listed in a lawsuit filed by Rosemary Simmons, whose husband was shot to death by a robber in the restaurant parking lot in September 1986. Her suit alleges that the Stoneleigh P was negligent and contends, among other things, that the establishment failed to provide adequate security and lighting for protection of its patrons. (The Simmonses, in fact, were not patrons of the restaurant. The two had parked in its lot to attend a private party in the Stoneleigh Hotel across the street.)

Then Tom Garrison, co-owner of the “P,” learned that the restaurant was also being sued by its liability insurance carrier, The insurer claimed that the policy provided no coverage for the Simmons’s suit or for attorneys’ fees to fight it.

A Dallas court agreed with the insurer and the ruling was upheld on appeal. Now, lawyers for the Stoneleigh P are carrying the matter to the Texas Supreme Court, Garrison says.

“I don’t see how we are to blame for Simmons’s death, but it’s already cost thousands of dollars in legal fees and it will cost us tens of thousands more, even if we’re vindicated. And if we are not, I don’t see how we can afford to keep the ’P’ open.”

Other defendants in the case include former Hard Rock Cafe owner Isaac Tigrett, who was host of the party Simmons attended the night of his death, and the Stoneleigh Hotel.

The most culpable person in the matter-the gunman who attempted to rob Simmons and his wife-was never apprehended. -M.S.