One couple sues another over attack

MORGANTOWN - A Monongalia County couple has filed a suit against another couple after they claim the second couple attacked the husband.

Jason and Jamie Spina filed a suit April 9 in Monongalia Circuit Court against Harry and Ruth McDowell.

According to the suit, the McDowells arrived on the Spina's property on May 22, 2005, and Harry McDowell began arguing with Jason Spina.

"Suddenly and without provocation, Harry E. McDowell Jr., who was spoiling for a fight, violently pushed Jason N. Spina and struck him in the face," the suit says.

Also, Ruth Ann McDowell began throwing rocks at Spina, striking him in the back. The suit says Harry McDowell knocked Jason Spina to the ground and continued to strike him, and Jamie Spina tried to kick him, but McDowell struck her on her shoulder.

According to the suit, Harry McDowell began making threats against Spina and his family, including their children.

After the attack, Jason Spina suffered bruising on his neck and back and a detached retina and permanent vision loss in his left eye.

The McDowells were arrested after being charged criminally, the suit says.

Because of the attack, the Spinas suffered medical expenses, permanent scarring, disfigurement and conditions, loss of enjoyment of life, annoyance, inconvenience and other mental and emotional suffering.

They seek compensatory and punitive damages from the McDowells.

Phillip Magro is the attorney for the Spinas.

Monongalia Circuit Court case number 07-C-238