Wreck turned into fight, suit says

CHARLESTON - An automobile accident turned into a streetfight, a recently filed lawsuit says.

Zachary Lindroth, Brian Myers and Gary Lacy claim they were assaulted by two other men and filed suit against them Sept. 6 in Kanawha Circuit Court.

The alleged incident occurred in either February or March, the complaint says. It adds that the vehicle containing Christopher Moore and Anthony Rodriguez struck Myers' in the rear while he was stopped and waiting on traffic.

"Immediately following the striking of the Myers vehicle, Plaintiff Brian Myers got out of that vehicle to survey the damage to his vehicle," the complaint says. "At that time, the defendants were surly and threatening, so Plaintiff Gary Lacy called the Charleston police on his cellular telephone.

"Defendants then physically attacked the plaintiffs, unlawfully assaulting and battering them."

Each plaintiff alleges he was injured in the fight. Lacy claims to have suffered injuries to his face and eyes, as well as property damage to his cell phone.

Lindroth claims his face and nose were injured and he had to be transported to a hospital in an ambulance.

The complaint says some of the injuries may be permanent.

Attorney Richard Lindroth is representing the men, who seek compensatory and punitive damages.

Judge Tod Kaufman has been assigned the case.

Kanawha Circuit Court case number 06-C-1813