Heather Isringhausen Gvillo Sep. 3, 2013, 10:33am

Madison County Circuit Judge William Mudge has been assigned to preside over a lawsuit against Daddio-O’s Nite Out and its bouncer William W. Walker after a motion to substitute judge was filed by the defense.

Former Madison County Chief Judge Ann Callis presided over the suit until she stepped down from the bench to run for U.S. Congressional office. Madison County Circuit Judge Andreas Matoesian was reassigned to the case. However, the defense argues that Matoesian had not made any rulings on any substantive issues and requested a new judge, which was granted on June 7.

Bobby Barlow claimed he was punched in the face by Walker while trying to enter the Wood River bar on Jan. 8, 2012.

After plaintiff’s former attorney Ed Unsell of East Alton was granted permission to withdraw, a case management conference was scheduled for Aug. 7. Just two days later, Mudge filed an order granting the defendant’s motion to compel, as the plaintiff failed to appear. Plaintiff was given 21 days to respond to the interrogatories and request for production. According to the order, failure to respond will result in dismissal for want of prosecution.

According to the complaint, Barlow says the defendants improperly managed the bar by allowing a person with a violent history to work as a bouncer.

Daddie-O’s claims Walker used reasonable force to protect himself and guests at the bar from threat of physical harm posed by Barlow, justifying his contact with plaintiff, according to defendant’s response to the complaint.

“The plaintiff was the aggressor in the violent altercation between the plaintiff and the defendant and is therefore barred from any recovery in this matter,” Walker’s response states.

Daddie-O’s Nite Out owners and liquor licensees, the Richerd L. Campbell Trust, Richard L. Campbell and Brian Campbell, are also named defendants.

John P. Cunningham and Daniel G. Hasenstab of Brown & James in Belleville represent Daddie-O’s Nite Out, Richard L. Campbell Trust and Brian Campbell.

A new attorney for Barlow has not yet been named.

Madison County Circuit Court case number 13-L-22

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