MORGANTOWN - For the second time in as many weeks, a lawsuit has been filed in Monongalia Circuit Court over a fight that occurred at a West Virginia University-East Carolina football game.
Michael Boken sued Joel Bloss just days after Mary Murray filed suit over a fight that allegedly spilled over into her lap.
Boken says Bloss was drunk when he broke his leg and gave him a concussion. The alleged incident took place Sept. 4, 2004;
"As a result of this intoxication, Defendant Bloss lost physical and emotional control of himself and struck and kicked Plaintiff Michael P. Boken severely, permanently injuring Mr. Boken," the complaint says.
"As a result of the defendant's negligence, Plaintiff… suffered serious physical and emotional injuries, including a fractured right tibia and fibula, significant concussion with bleeding to his brain and incurred significant medical expenses as well as lost wages."
Boken charges Bloss with negligence and assault and battery. He is not suing WVU, however, like Murray is. She claims the school had a duty to protect her while she was in the parking lot.
Boken says he didn't even know who hit him until recently.
"Plaintiff Michael P. Boken did not discover the identity of his assailant until approximately 6-8 months prior to the filing of this civil action inasmuch as the defendant struck the plaintiff from behind, rendering him unconscious and law enforcement officers had not identified Mr. Bloss as being the assailant until several months leading up to the filing of this civil action," the complaint says.
Boken seeks compensatory damages for his pain and suffering, loss of enjoyment of life, medical expenses and lost wages, as well as punitive damages.
Dino Colombo of Morgantown firm Colombo and Stuhr is representing Boken.
Monongalia Circuit Court case number 06-C-594