Madison County Chief Judge Ann Callis on April 11 allowed a plaintiff to withdraw a motion for default judgment in a personal injury case against a Wood River bar, its bouncer and others.
Bobby Barlow claims he was punched in the face by Daddie-O’s Nite Out bouncer - co-defendant William W. Walker - while trying to enter the establishment on Jan. 8, 2012.
Barlow had sought an order of default judgment, but filed a motion to withdraw that motion on April 5.
Daddie-O’s on March 19 responded to the suit saying Walker was using reasonable force to protect himself and other patrons of the bar from threat of physical harm posed by Barlow, and thus was legally justified in making contact with plaintiff.
Daddie-O’s, as well as property owners Richard L. Campbell Trust, Richard L. Campbell and Brian Campbell, also state that the plaintiff’s damages were caused by or contributed by his own negligence or carelessness.
In his suit, Barlow claims that Walker had consumed alcoholic beverages before the incident, and his alleged intoxication prompted the assault.
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 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.
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.
Madison County case number 13-L-22.