Couple sues over man's drunken attack

By Justin Anderson | May 13, 2009

MORGANTOWN – A couple is suing a man, claiming he attacked them at a Cheat Lake bar.

Eric and Davina Schmidt filed a lawsuit April 22 in Monongalia Circuit Court against Eric Kendzerki.

According to the complaint, on May 16, 2008, Davina was on her way back from a job interview in Virginia when she stopped at Novichenks on Old Cheat Road.

Her husband and some friends were waiting for her there, the complaint says.

Kendzerki also was there and appeared intoxicated, the Schmidts allege.

The plaintiffs say the defendant committed various acts of misconduct against them at the bar.

According to the complaint, Kendzerki made rude and abusive comments to Davina; grabbed her by the hair, threw her to the ground and punched her; grabbed her arm and thumb and broke her thumb; and bit Eric Schmidt's hand.

The plaintiffs say they've suffered serious and permanent injuries from the attack.

They're seeking compensatory and punitive damages in addition to legal costs.

J. Bryan Edwards is representing the plaintiffs.

Monongalia Circuit Court case number: 09-C-286

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