Man sues Touchdown City Grill for negligence, breach of contract

CHARLESTON -- A man is suing Touchdown City Grill after he claims the business was negligent and breached its contract with him.

Scott Carpenter, an employee of Touchdown, was also named as a defendant in the suit.

On Dec. 14, 2010, Phillip D. Estep and the defendants entered into a Private Party Agreement wherein the defendants granted to Estep the exclusive right to use the defendants' premises and facility to host a private party from 8 p.m. Dec. 23, 2010, until 2:45 a.m. Dec. 24, 2010, according to a complaint filed Jan. 10 in Kanawha Circuit Court.

Estep claims the defendants failed to exercise reasonable supervisory control over its employees during the night of the party and wrongfully permitted unauthorized persons to enter the premises and disrupt and interfere with the party.

As a result of the defendants' negligent supervision, no appropriate and effective steps were taken by the defendants to remove the unauthorized persons from the party and caused Estep to be physically and unlawfully struck about his head by an unauthorized guest, according to the suit.

Estep claims the defendants' actions breached their contract with him.

The defendants' actions caused Estep to become injured during the private party and caused him disfigurement of his face and substantial loss of sight in his left eye, according to the suit.

Estep is seeking compensatory damages. He is being represented by Kurt E. Entsminger and Timothy L. Mayo.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 12-C-53