By Heather Isringhausen Gvillo | May 9, 2017

Madison County Circuit Judge Barbara Crowder filed a confidentiality order in a suit alleging former Madison County Circuit Judge Nicholas Byron was injured when he fell off a pre-assembled saddle stool.

On March 30, Crowder entered the agreed confidentiality order, which “shall govern the disclosure of materials designated as confidential material during the course of discovery.”


Confidential materials include documents or items produced during discovery and the information contained in the material.

The order states that the confidential material is given protection “to prevent injury through disclosure to persons other than those persons involved in the prosecution or defense of this litigation.”

“Nothing in this Confidentiality Order shall be deemed to preclude any party or interested member of the public from seeking and obtaining, on an appropriate showing, a modification of this Order including additional protection with respect to confidentiality of material or the removal of a confidential designation,” the order continues.

Byron filed suit on Oct. 8, 2015, through attorney Eric J. Carlson of Byron, Carlson, Petri & Kalb LLC.

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 developed an open sore.

He claims he purchased the stool from the Glen Carbon Wal-Mart.

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.”

Wal-Mart is represented by Nyhan, Bambrick, Kenzie & Lowry of Chicago.

Madison County Circuit Court case number 15-L-1306

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Organizations in this Story

Byron, Carlson, Petri & Kalb, LLC Madison County Circuit Court Nyhan, Bambrick, Kinzie & Lowry, P.C.

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