A Godfrey tavern argues that a patron who sued over injuries suffered during an altercation, was himself complicit because he procured the intoxication of the persons who allegedly hurt him.

In answer to a Madison County suit filed by Steve Kelley, Beer Barrel Pub says the plaintiff provoked an incident which caused him to suffer injuries, including a fractured bone beneath his eye.

But in his suit, Kelley says the attack was provoked by co-defendants Alan L. Cox Jr. and Cody J. Elfgken.

Kelley alleges he was visiting the bar at 205 Montclair Ave. when Cox and Elfgken used their fists to hit him in the face, knocking him unconscious.

Circuit Judge Dennis Ruth presides. He allowed Kelley to amend his complaint in May.

On Aug. 27, Beer Barrel Pub, represented by Stephen J. Moore of Galloway, Johnson, Tompkins, Burr and Smith in St. Louis, filed an unopposed motion "for leave to file answer out of time."

Kelley, who is seeking a judgment of more than $400,000, is represented by Michael R. Wesley of Wood River.

In a separate suit, Don Seals claims he suffered a fractured bone at the bar at the hands of Cox and Elfgken on the same occasion. He also claims Cox and Elfgken used their fists to hit him in the face, knocking him unconscious.

Seals also is represented by Wesley.

Seals: Madison County Circuit Court case number 14-L-146.

Kelley: Madison County Circuit Court case number 14-L-147.

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