Shooting victim sues former bar owners over $1.5 million verdict

CHARLESTON – A man who was shot outside the former Banana Joe's Island Party nightclub in downtown Charleston is suing the former owners of the club, saying he's unable to collect the $1.5 million a jury awarded him.

Marlon Ferguson filed a lawsuit March 6 in Kanawha Circuit Court against Kevin Hensel, Khristopher S. Moore and Gregory Ray.

Ferguson was a bouncer at Banana Joe's when he was shot on Oct. 30, 2005. Ferguson was shot by a patron who was choked unconscious by another bouncer after the patron apparently complained about the volume of the music in the notorious Capitol Street bar. The patron came back with a gun and shot three times through the door.

Ferguson initially sued the defendants' businesses on July 6, 2006 after he was shot outside the club. On March 6, 2007, a jury awarded Ferguson $1.5 million for medical costs, pain and suffering and lost wages.

The complaint says none of the defendants' businesses have liability insurance coverage and were grossly under-capitalized to be able to pay Ferguson the award he's owed.

His current lawsuit seeks to "pierce the corporate veil" and make the individual defendants liable to Ferguson to pay the award.

Otherwise, Ferguson may never collect the award, the complaint says.

Stephen P. Hoyer is representing Ferguson. The case has been assigned to Kanawha Circuit Judge James Stucky.

Kanawha Circuit Court case number 09-C-390