A plaintiff in a Madison County personal injury suit is seeking an order of default judgment in his case against Daddie-O's Nite Out and others.
Bobby Barlow claims he was punched in the face by the bar's bouncer, co-defendant William W. Walker, while trying to enter the establishment on Jan 8, 2012.
Barlow’s motion asks Circuit Judge David Hylla to enter an order of default judgment against defendants Daddie-O’s Nite Out, Richard Campbell Trust and property owner Richard L. Campbell.
According to the case file, Hylla on Feb. 25 had ordered those defendants to respond to the suit by March 19.
“That of this date, defendants have failed to file their answer or appear,” the March 20 motion states.
The suit claims that Walker had consumed alcoholic beverages before the incident and that his alleged intoxication prompted the asault.
Barlow claims he sustained injuries, experienced pain and suffering, incurred medical costs and lost wages.
According to Walker’s Feb. 19 response, he claims he acted within the lawful course and scope of his duties as a doorman. He inflicted great bodily harm on the plaintiff, while using “reasonable and appropriate force” on the plaintiff when he believed force was needed "to prevent imminent death or great bodily harm to himself or other patrons of the establishment.”
“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.
Edward W. Unsell and Fred Schuman of the Law Offices of Edward W. Unsell in East Alton represent Barlow.
G. Robert Pritzker of Alton represents Walker.
Madison County case number 13-L-22.