A cab driver who alleges he was assaulted while on duty is suing the tour bus driver who threw the blows and the bus company for which the defendant worked.

In an assault and battery lawsuit filed June 16 at the Philadelphia Court of Common Pleas by Philadelphia attorney George W. Georges, Resat Kaya alleges that in early September 2009 while picking up a fare in the vicinity of 25th Street and the Benjamin Franklin Parkway, he was assaulted by tour bus operator Michael A. Fagans.

According to the complaint, which names as defendants Fagans, a Philadelphia resident, and Wil-Co Tours, Inc., Fagans stopped the bus he was driving, got out, and approached Kaya’s taxicab.

Then, “without any provocation or cause,” the bus driver “violently and brutally assaulted and battered the plaintiff by striking him continuously with severe blows to his head, eyes, face, lips, arms, hands and other parts of his body,” causing severe physical injuries, the suit states.

As a result of the alleged attack, Kaya sustained multiple bruises, contusions and lacerations on his head and face, and suffered injuries to the fingers on his left hand and neck.

The assault caused the plaintiff great pain and has prevented him from carrying out his usual activities and business, the suit claims. Kaya has also had to spend various sums on medical care.

Kaya demands compensatory and punitive damages from the defendants jointly and severally in an amount not in excess of $50,000.

The non-jury matter is scheduled for arbitration in mid February 2012.

The case number is 110601267.

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