MORGANTOWN – A record label has been dismissed as a defendant in a lawsuit that alleged a man was attacked while attending a Wiz Khalifa concert at a Morgantown restaurant.



Rostrum Records was dismissed without prejudice, voluntarily by the plaintiff, Ryan Smith. Other defendants in the suit still include Taylor Gang ENT LLC; Cameron Jibril Thomaz, also known as Wiz Khalifa; Kevin Woods, also known as Chevy Woods; Gilbert Milam Jr., also known as Berner; 4.0 Entertainment LLC; Drew Ellison, who is doing business as How Fly Hip Hop; Tunez & Cue LLC; Leyonne Pryce; Courtney Williams; Daryl Tyler Jr.; and 40 unknown individuals.


On July 28, Ellison filed answers and affirmative defenses.


In his answers, Ellison denied that he contracted with Tyler and the unknown individuals to serve as performers at the event.


Ellison claims Smith failed to state a claim upon which relief may be granted and that any injuries and damages allegedly sustained by Smith were caused, in whole or in part, by Smith's contributory or comparative negligence, fault, responsibility or causation and want of due care.


"If plaintiff was injured or damaged ... such alleged injuries or damages were caused solely by acts, wrongs or omissions of plaintiff, or other parties, persons or entities, by pre-existing conditions, by intervening causes or by other forces and/or things over which Ellison had no control and for which Ellison is not responsible or liable," the answers and affirmative defenses states.


On April 11, 2013, Smith was assaulted and battered at Tunez & Cue restaurant when Tyler and the unknown defendants commenced an unprovoked attack on him, according to a complaint filed May 26 in Monongalia Circuit Court.


Smith claims the defendants caused him to sustain significant injuries that required extensive reconstructive surgeries and dental work and that their acts and omissions were done in a wanton and reckless disregard of his safety and were done with malice, oppression and fraud.


The defendants were negligent and breached an assumed duty to protect and make him safe as a business invitee and their actions caused him to suffer a broken jaw and multiple hospitalizations, according to the suit.


Smith claims he suffered a loss of income, disability, disfigurement and loss of enjoyment of life.


Smith is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Lee W. Davis of the Law Offices of Lee W. Davis.


Ellison is represented by Jacob R. Shaffer of Dinsmore & Shohl.


The case is assigned to Circuit Judge Susan Tucker.


Monongalia Circuit Court case number: 14-C-466

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