Assault victim sues attacker, attacker's employer

By Michelle Massey, East Texas Bureau | Apr 24, 2008

TEXARKANA, Ark. – Employed by a Shreveport, La., labor force company, Cheng Hain Lin claims he was viciously assaulted by the company's van driver, Darren Beavers.

Lin filed suit against Darren Beavers and Beaver's employer Hi- Tech Testing Service Inc. of Longview on April 17, in the Texarkana Division of the Western District of Arkansas.

According to the complaint, Lin along with three other men, were being transported by Hi-Tech's company van to work at the Ashdown Domtar Paper Mill.

Lin states while working at the mill, Beavers violently attacked and physically beat him, knocking him to the ground many times and continuing the attack as Lin tried to stand up.

According to the complaint, Lin did not provoke the assault and was unable to take evasive action or fight back.

Lin states that he sustained serious and debilitating injuries, which required emergency medical treatment. Lin claims he has been unable to work since the assault, as his orthopedic injuries are disabling.

The plaintiff believes that he may be deemed a "special employee" of Hi-Tech under Louisiana Workers' Compensation Act. Further, the complaint argues that Hi-Tech is vicariously liable for Beavers' actions and cannot asserts a workers' compensation defense.

Lin argues that Hi-Tech negligently hired Beavers, conducted negligent supervision, screening and selection and failed to prevent Beavers from harming him, "based on Beavers' prior known propensities and conduct."

The plaintiff is seeking damages for past and present medical expenses, lost wages, inability to work and lost benefits, property damages, out of pocket medical expenses, expert witness fees and litigation expenses.

The suit is also seeking damages for pain, suffering, permanent injuries, disability, embarrassment, inconvenience, loss of enjoyment of life, lost ability to live his life as he could before the assault, lost economic opportunities, loss of incidental time, frustration, aggravation, emotional distress and mental anguish.

The plaintiff is also seeking a punitive damage award against the defendants based on Beavers' "intentional, severe, and unprovoked assault and battery."

Shreveport attorney David A. Szwak is representing Lin.

U.S. District Judge Harry F. Barnes will preside over the litigation.

Case No: 4:08cv04033

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