The O’Hagan Meyer firm withdrew as counsel for Wal-Mart in former Madison County Circuit Judge Nicholas Byron’s suit alleging he was injured when he fell off a pre-assembled saddle stool.
Nyhan, Bambrick, Kinzie & Lowry of Chicago is now representing Wal-Mart in the case. The firm entered its appearance on Sept. 20.
Byron filed suit on Oct. 8 through attorney Eric J. Carlson of Byron, Carlson, Petri and Kalb in Edwardsville. He alleges that on Dec. 17, 2013, he was seated on the 24-inch stool in his home when it allegedly collapsed, causing him to injure his ribs and tailbone area. As a result, he claims he development an open sore.
He claims he purchased the stool from the Glen Carbon Wal-Mart.
Byron claims his injuries resulted in significant medical care and treatment, severe pain, disfigurement and loss of a normal life.
He alleges the stool was unreasonably dangerous in that it lacked adequate fasteners or hardware, was improperly assembled and was more dangerous than an ordinary consumer would expect.
He seeks more than $50,000 in damages.
Wal-Mart previously answered the complaint on June 13, arguing that Byron “understood and appreciated the risk of injury from the failure to properly use and inspect the stool and he accepted and assumed all risks therefrom.”
Madison County Circuit Court case number 15-L-1306