St. Elmo’s denies overserving Mark Sanchez after being added to lawsuit

In response to a lawsuit, Huse Culinary denied accusations that St. Elmo’s overserved Mark Sanchez before the former Fox analyst and NFL quarterback was arrested for battery.

Sanchez was in Indianapolis on the night of Oct. 4, where he was scheduled to call the Raiders-Colts game for Fox that weekend. But Sanchez got into an early morning altercation with 69-year-old delivery driver Perry Tole over a parking spot. Surveillance footage shows Sanchez throwing Tole to the ground, with the 69-year-old responding by using pepper spray and a knife, telling police he thought the former NFL quarterback was going to kill him.

Sanchez was later arrested and charged with a felony count of battery involving serious bodily injury. Additionally, Tole filed a lawsuit against Sanchez and Fox, which has since fired the NFL analyst and former quarterback. And last month, Tole’s legal team added Huse Culinary Inc. to the lawsuit, alleging Sanchez was overserved at popular Indianapolis steakhouse St. Elmo’s prior to the altercation.

According to Los Angeles Magazine, the restaurant group has since responded in a court filing, claiming it was incorrectly named, noting the Indianapolis steak house is a separate entity, St. Elmo Incorporated. Huse Culinary does, however, list St. Elmo’s Steak House on its website under the “our restaurants” page.

Per the Indy Star, the filing also acknowledges Sanchez was served by the restaurant, but “denies that it sold[,] furnished or served alcoholic beverages to individuals including Sanchez, who were visibly intoxicated or otherwise impaired.” Attorneys for Huse Culinary argued Tole’s “own negligence caused or contributed to the alleged accident and damages” alleged in the lawsuit. The filing also called Sanchez’s actions after leaving St. Elmo’s “unforeseeable,” claiming the restaurant “cannot be held responsible for actions beyond its control.” Tole’s attorneys have not addressed Huse Culinary’s response.

Sanchez faces a misdemeanor count of public intoxication, but investigators have not stated how much alcohol, if any, was in his system at the time of the altercation with Tole.