Man sues after attack outside Huntington convenience store

By Kyla Asbury | Oct 15, 2009

HUNTINGTON -— A man is suing a Huntington business and its owner after being attacked and assaulted on its premises in 2007.

Asa Carson, a resident of Cabell County, was a customer at the 20th Street Sunoco Food Mart, owned by Wheeler and Clevenger Oil Company, when he was attacked and assaulted by a man later identified as Andre Branch, according to a complaint filed in the Cabell Circuit Court Sept. 18.

Carson claims he was maliciously and willfully attacked without any provocation or other fault on his part, which resulted in extensive injuries to his face and body, including a fractured nose, injuries to his back, left shoulder and teeth. Carson sought medical treatment.

Carson claims the company had a duty to use ordinary care under the circumstances to keep and maintain the premises in a reasonably safe condition and to protect their customers from injuries and assaults.

As a result of the attack, Carson claims he has suffered and will continue to suffer great physical, mental and emotional pain; suffering and distress; has incurred substantial medical and hospital expenses and will incur additional expenses in the future; and has suffered loss of his ability to enjoy life.

He is suing for an amount of money to compensate him for each element of damages recoverable by him. He is being represented by John F. Cyrus of Cyrus & Adkins.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 09-C-752

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