West Virginia Record

Monday, September 23, 2019

Family sues Arby's for injuries over altercation allegedly started by employee

State Court

By Kyla Asbury | Aug 9, 2019


WHEELING – A Wheeling man is suing Arby's after he was injured in a physical altercation allegedly started by one of its employees.

Becker Management Corp., doing business as Arby's; REI Elm Grove; Arby's Restaurant Group; Arby's Franchisor; Arby's IP Holder; and Ian Alexander Leech were all named as defendants in the suit.

Ivan P. Myles III filed the lawsuit on behalf of his minor children, Alex I. Myles and Alaina T. Myles, along with his wife, Cassandra P. Myles, according to a complaint filed in Ohio Circuit Court.

The suit states the Myles family was having lunch at Arby's in Wheeling on June 15, 2017, when two employees began to argue and use vulgar and offensive language, so Ivan Myles requested the employees cease using that type of language around minors.

Leech allegedly refused to stop using such language and, instead, began a physical altercation with Ivan Myles, causing him injuries, according to the suit.

The Myles family claims the defendants had a duty to maintain a safe environment and failed to do so.

The defendants allegedly were also negligent in hiring Leech, as well as supervising him and training him during the course of his employment, according to the suit.

Ivan Myles alleges he suffered injuries to his head, neck, jaw, shoulders, back, chest, arms, legs, body chemistry and psyche, according to the suit. Some of Ivan Myles' injuries allegedly are permanent and lasting in nature.

The Myles children allegedly suffered a loss of love, society, comfort, companionship and services of their father. Cassandra Myles alleges the same.

The defendants allegedly were careless and negligent. They acted "willfully, wantonly and recklessly," and caused the plaintiffs' emotional distress, according to the suit.

The Myles family is seeking compensatory and punitive damages. They are represented by Shane M. Mallett of Mallett Law Offices in Wheeling.

Ohio Circuit Court case number 19-C-146

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