A man severely injured in a fall leaving Maverick’s Bar & Grill in Bend while drunk in 2018 is seeking $13.9 million in a lawsuit.

Benjamin Wilson, who lived in Bend at the time, was rendered “incapacitated” by his injuries, and a court-appointed conservator now makes legal decisions on his behalf, according to his complaint filed in Deschutes County Circuit Court. The traumatic brain injury he suffered, and fractures to his skull and spine, caused a loss of motor function and speech, as well as other effects.

Wilson’s legal team is attempting to prove the bar, now closed, should be liable for allegedly serving him to excess and directing him to leave via a dangerous exit, the lawsuit states.

The bar’s owners contend Wilson was negligent by drinking to excess and failing to exercise reasonable care in descending the stairs, including failing to use the available handrail.

According to Wilson’s amended complaint, he went to Maverick’s on June 9, 2018, with a group of friends, drank an “excessive” amount of alcohol and became visibly intoxicated. In response, a Maverick’s employee instructed Wilson to leave, directing him to a stairway to exit the building.

Wilson lost his balance and fell down the stairs, losing consciousness and requiring an ambulance transport to a local hospital.

The complaint maintains the stairway was narrow, steep, poorly lit and difficult for even a sober person to negotiate.

Lawyers for Maverick’s have pushed to have Wilson psychologically evaluated to help determine the severity of his injury.

“Thus far in litigation, (Wilson) has sat through an entire in-depth deposition without anyone providing answers for him, anyone providing medical assistance to him or any other intervening support,” wrote Phillip Bennett, attorney for Maverick’s, in court documents.

Wilson has agreed to be medically examined with the condition his daylong evaluation be video recorded and he have a representative present. His lawyers would like other safeguards in place during the evaluation, such as forbidding the psychologist from discussing the fall that injured Wilson.

“The reality that this exam remains adversarial in nature cannot be ignored,” reads a motion by Wilson’s attorneys. “Mr. Wilson’s cognitive limitations make the presence of a companion, recording, and advance testing protocol all the more necessary.”

A hearing to consider those issues and others was held Wednesday afternoon.

Maverick’s Bar & Grill at 20565 Brinson Blvd. closed during the pandemic. The Cross-Eyed Cricket Watering Hole is now open at the location.

Wilson now lives in Portland.