MOUNDSVILLE — A man is suing Diana Cochran, Nick's Lounge, Inc., Derek Babb, Hugh Morgan, Bernice Eckleberry, Jane Doe 1 and John Doe 1, alleging negligence, unlawful sale of liquor to intoxicated persons and insufficient measures taken to prevent injuries.
Shayne I. Smith filed a complaint on June 24 in Marshall Circuit Court against the defendants, alleging that they failed to monitor their boundaries and security personnel.
According to the complaint, the plaintiff alleges that on June 25, 2014, he was violently attacked and was seriously injured by defendants Babb and Morgan. As a direct and proximate result, he has expended monies for the care and treatment of his injuries and suffered loss of income, loss of enjoyment of life and loss of capacity to care for himself and his family, he alleges. The plaintiff holds the defendants responsible because they allegedly sold or gave alcoholic liquor to defendants Babb and Morgan, carelessly failed to adequately monitor the visibility of their intoxication levels, and permitted them to consume excessive amount of alcoholic beverages and instructed and forced all patrons and plaintiff to leave the premises at the same time.
The plaintiff requests a trial by jury and seeks judgment against the defendants, jointly and severally, in an amount in excess of the minimum jurisdictional limits, punitive damages, attorney's fees and costs, pre-judgment interest and such other relief as the court of jury may find. He is represented by Gerasimos Sklavounakis of Sklavounakis Law Offices in Wheeling.
Marshall Circuit Court Case number 16-C-107H