WEST VIRGINIA RECORD

CHARLESTON – A customer is suing over claims he was injured in a fight with store owners and personnel.

Billy Dyess filed a lawsuit Nov. 5 in Kanawha Circuit Court against Fas-Chek's owner, manager and employees.

According to the complaint, on Sept. 11, Dyess went to Fas-chek to get sandwiches with his son and grandson but the employee who was serving them was quite rude. Dyess says that after exchanging words, he said he would report her to her manager, who happened to be behind him and was also rude. The lawsuit states that when Dyess complained of the way the employees spoke with him and mentioned calling the corporate office, the manager said he did not care because his father owned the store and then followed Dyess and his family out of the store.

According to the lawsuit, after the manager went inside and back outside and the two exchanged words several more times, the manager suggested a fight, grabbed Dyess by the neck and began choking him.

The complaint states that as Dyess struggled against the manager they fell back into the store, and Dyess' son jumped on the manager, attempting to stop him, as more employees joined the fight, one even hitting Dyess' son on the head with a wooden pallet. Dyess says a female employee produced a bat and a black pistol and told them to stop, and Dyess got up and told the manager to call the police, but instead he went to the back of the store to retrieve his dad and even more employees.

According to the lawsuit, the employees told Dyess to leave, but he refused to leave until the police came, and when the employees came toward him again, he ran, fearing for his life, to a pay phone, as he couldn't find his own.

Dyess says the police took a report but when he requested they retrieve the video footage from the store, the officer reported that the store said they did not have tape but that he would put it in his report as it was known it did have a tape.

Dyess, who filed the suit himself, seeks damages for medical bills, lost wages, lost cell phone and physical and emotional damage. The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 14-C-1968