IN THE CIRCUIT COURT
OF OHIO COUNTY,
WEST VIRGINIA
Ivan P. Myles, III, Individually and as Guardian, Father, and Next Friend of Alex L. Myles, a minor, and Alaina T. Myles, a minor, and Cassandra P. Myles, Plaintiffs vs. Becker Management Corporation, a West Virginia Corporation d/b/a Arby’s, REI Elm Grove, Inc., a West Virginia Corporation d/b/a Arby’s, Arby’s Restaurant Group, Inc., a foreign corporation, Arby’s Franchisor, LLC, a foreign limited liability company, and Arby’s IP Holder, LLC, a foreign limited liability company, and Ian Alexander Leech, Defendants; Civil Action No. 19-C-146; Judge David J. Sims.
The object of the above-entitled civil action is to recover compensatory damages for personal injuries and damages, punitive damages, interest and other relief as the Court or jury may find that was sustained by Plaintiffs Ivan P. Myles, III, Alex L. Myles, a minor, Alaina T. Myles, a minor, and Cassandra P. Myles, as a result of an incident that occurred on the 15th day of June, 2017 in or about Arby’s Store No. 7314 located at 2058 National Road, Wheeling, Ohio County, West Virginia, when defendant Ian Alexander Leech, in the course and scope of his employment with Arby’s, breached the duty of care owed to plaintiffs by engaging in a physical altercation with plaintiff Ivan P. Myles, III, thereby proximately causing injuries and damages to plaintiffs. Defendants Becker Management Corporation d/b/a Arby’s and/or REI Elm Grove, Inc., d/b/a Arby’s and/or Arby’s Restaurant Group, Inc., and/or Arby’s Franchisor, LLC and/or Arby’s IP Holder, LLC and/or their shift manager and/or other employees breached the duty of care owed to plaintiffs by watching and/or participating and/or conspiring and/or failing to supervise and/or failing to stop a physical altercation between defendant Ian Alexander Leech and plaintiff Ivan P. Myles, III, thereby proximately causing permanent injuries and damages to plaintiffs. That appearing by an Affidavit filed in this action, the Plaintiffs have used due diligence to ascertain the residence or whereabouts of defendant Ian Alexander Leech without effect.
It is so ORDERED that defendant Ian Alexander Leech appear and serve upon Shane M. Mallett, Esq., counsel for plaintiffs, whose address is: P.O. Box 951, Wheeling, West Virginia 26003, an Answer or other defense to the Complaint filed in the above-styled civil action on or before November 21, 2019; otherwise, judgment by default may be rendered against the defendant, and the Court may extend the relief requested in the Complaint at any time thereafter. A copy of the Complaint may be obtained from the undersigned at said Clerk’s Office located at the Ohio County Courthouse, 1500 Chapline Street, Fourth Floor, Wheeling, West Virginia 26003.
ENTER this 18th day of October, 2019.
The Honorable
Brenda L. Miller, Clerk of
The Circuit Court of Ohio County
N.R. Oct. 22, 29, 2019