FAYETTEVILLE – A Fayette County man is suing over claims he was struck and injured by an Oak Hill minor in a McDonald's parking lot.

James Carver filed a lawsuit Aug. 20 in Fayette Circuit Court against Robert Laughery, a minor, Linda Laughery, his parent/guardian, and Epeck Inc. of Oak Hill, citing assault and battery.

According to the complaint, Carver was an employee of a McDonald's run by Epeck Inc. and had gone to the parking lot after finishing his shift Aug. 19, 2013, when he was confronted and struck by Robert Laughery, who was 15 at the time of the incident. Laughery is accused of assault and battery, while his guardian, Linda Laughery is said to be vicariously liable for her minor son and is accused of negligence in the supervision of her son.

Epeck Inc. is alleged to be vicariously liable for safety procedures that its shift manager failed to implement on the day of Carver's injury and is accused of negligent/reckless conduct.

Carver is seeking damages and attorney fees.

He is being represented by attorney Paul M. Stroebel of Stroebel & Johnson in Charleston.

The case number is Fayette Circuit Court case 14-C-232H




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