West Virginia Record

Saturday, July 20, 2019

Alleged fight leads to lawsuit against Italian restaurant

By Kyla Asbury | Oct 29, 2013

HUNTINGTON - Two women are suing Rocco's Little Italy after they claim they were injured in an altercation in front of the restaurant.

J&K Inc. is doing business as Rocco's Little Italy Inc.

John Doe and Jane Doe were also named as defendants in the suit.

In the early morning hours of Sept. 29, Amy Beth Browning and Annie Renee Legg, along with a friend, arrived at the defendant's restaurant to get something to eat, according to two complaints filed Oct. 21 in Cabell Circuit Court.

The plaintiffs claim their friend, Jody Diamond, went to the bathroom, at which time, Jane Doe began to violently bang on the bathroom door, and Diamond informed her she was in the bathroom and would be out shortly.

After exiting the bathroom, Diamond and Jane Doe exchanged words and Diamond the proceeded out of the restaurant onto the sidewalk directly in front of the defendant's glass windows and in clear view of its employees, according to the suits.

The plaintiffs claim Jane Doe, along with several others, then approached Diamond and started a verbal alteration. At this time, Legg apologized to Jane Doe for any hard feelings, but she refused to accept the apology and "turned her wrath" onto Legg.

Jane Doe "then proceeded to grab plaintiff Browning by her throat, at which time another person struck her in the back of the head," according to the suits.

The plaintiffs claim Legg attempted to break up the altercation between Jane Doe and Browning, but was grabbed by the back of her hair by an unknown person and then repeatedly punched in the face.

The plaintiffs were beaten to the ground by their assailants and then repeatedly kicked in the head while they lay defenseless on the ground, according to the suits.

The defendants did nothing to prevent the altercation or even attempt to call 911 to have the altercation broken up, according to the suits.

The plaintiffs claim as a result of the vicious attack, they received concussions; bruises to the head and face; and scrapes.

Browning's hair was pulled out of her head to such an extent that she required hair extensions to cover the bald spots on her head, according to the suits.

The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Michael O. Callaghan and Joshua R. Martin of Neely & Callaghan.

The cases have been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case numbers: 13-C-770, 13-C-771

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