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UPDATE: Judge extends Kelsi Poe's restraining order against Quinton's, Harpo's

Monday, September 27, 2010 | 12:45 p.m. CDT; updated 5:24 p.m. CDT, Monday, September 27, 2010

This story has been updated to include specific language from the text of the Poes' request for the restraining order.

COLUMBIA — Neither Quinton's Bar and Deli nor Harpo's can destroy any visual or audio evidence from the day Kelsi Poe fell from an interior stairwell in Quinton's, according to a temporary restraining order extended by Boone County Circuit Judge Gene Hamilton on Monday.

Hamilton granted a request by Poe and her father, Morris Poe, to extend until Oct. 8 a restraining order originally granted on Sept. 17, Ron Netemeyer, the Poes' attorney, said.

Court documents regarding the request for the restraining order state that Kelsi Poe fell after spending time at Harpo's and at Quinton's on Sept. 4. The petition states that the loss of evidence — including video, still images or audio — from either bar would cause "immediate and irreparable injury, loss and damage" to the plaintiffs.

Poe was in critical condition for weeks after the fall but now is in serious condition at University Hospital. Her blood alcohol content was reported to be 0.32 at the time of the accident.

Netemeyer said that neither Poe nor Poe's family has filed a lawsuit. 

There will be a hearing regarding a request for a permanent injunction on Oct. 8.


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Comments

lacinda florez September 27, 2010 | 1:07 p.m.

At 19 years old this woman knew what the laws are and if she chose to drink until she was falling down drunk thats on her back. I hope she nore her family try to sue anyone over this tragedy. We all drank as minors not to that extent I don't think, but you can't blame others because you chose to break the law!

(Report Comment)
Chris Cady September 28, 2010 | 9:58 a.m.

I would tend to agree. It is a tragic event all around, and it does not help to cast blame here or there. If the bar was somehow liable because of unsafe conditions, that's one thing. An adult does have to take responsibility for their own actions. I sincerely hope and pray that she makes a full recovery and that many are made wiser through all of this. Maybe other young people will get the message and other tragedies can be prevented. That would be the only good thing that could come out of this.

(Report Comment)
Gregory Brown September 28, 2010 | 12:19 p.m.

The young woman (and maybe her companions) used poor judgement in drinking, and in drinking so much. If my own recollections of bingeing are accurate--and it's embarrassing to admit they probably are--her behavior should have been a tipoff to the staff at the bars that she was way beyond the point of being allowed on the premises even if she weren't underage. There seems to some shared responsibility for what happened here.

(Report Comment)
Mark Foecking September 28, 2010 | 2:07 p.m.

One thing I haven't really heard mentioned was if there might have been energy drinks involved. Someone with a 0.32, I'd think, would have a tough time walking or standing up at all. However, a few Red Bulls will make it so a lot of people don't seem that obviously drunk, at least for a while.

The drink "Four Loko" (12% alcohol + caffeine, taurine, and ginseng) may be taken off the market in some states because of its effects (and marketing).

http://www.cbsnews.com/stories/2010/06/1...

DK

(Report Comment)
lacinda florez September 28, 2010 | 4:57 p.m.

@ Mark Foecking
What a great question, That really does make a huge diffrence I have had those things one time and I was flying and felt great until I crashed and it just hit me all at once. I would love to know if that was a factor here.

(Report Comment)

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