PITTSBURGH – The proprietors of a Robinson Township nail and spa lounge have raised objections of legal sufficiency in a lawsuit brought by one of its former employees, who claims he was physically assaulted by one of the defendants over Payroll Protection Program funds that allegedly remained in his possession.
Nhat Ngo and Cuc T. Huynh of Pittsburgh first filed suit in the Allegheny County Court of Common Pleas on Jan. 19 versus Jay Humphrey and Tran Nguyen Humphrey of Coraopolis, and VIP 3 Limited Liability Company (doing business as “VIP 3 Nails Spa and Lounge”), also of Pittsburgh.
At the time of the events in question, Ngo was employed by VIP 3 Nails Spa and Lounge in Robinson Township.
“On June 5, 2020, sometime between 9 p.m. and 10 p.m., Mr. Humphrey arrived at plaintiff’s residence. Mr. Humphrey confronted plaintiff at his residence and viciously punched plaintiff in the face, causing plaintiff to fall to the ground and rendering plaintiff unconscious,” the suit stated.
“Plaintiff did not initiate any physical contact with defendant and did not utter any words or make any movements or gestures, that provoked defendant’s attack. After striking plaintiff down, defendant left plaintiff’s place of residence. Plaintiff was taken to the emergency room of St. Clair Hospital for medical treatment. Officers of the Scott Township Police Department met plaintiff at the hospital.”
The suit explained that Officer Peterson stated in his police report that he noticed the plaintiff’s left eye was swollen, black and blue, and that plaintiff had a gash under his left eye that was bleeding. Later on the night of June 5, 2020, Officer Peterson confronted Mr. Humphrey at his residence, where he admitted that he punched Ngo.
“On June 5, 2020, defendant intentionally and with malice threatened to cause serious bodily injury to plaintiff by sending text messages from defendant’s phone to plaintiff’s phone. In the text messages, defendant stated: “I am going to f— you up really bad soon if you do not give me back those two paychecks” and “I think you might have forgotten I am not really a nice person,” per the suit.
“Defendant’s threats put plaintiff in fear of immediate physical injury at a time when defendant had the ability and means to carry out his threats and to inflict such injury.”
In the attack, the plaintiff said he suffered fractured nasal bones resulting in disfigurement, head trauma, facial lacerations, depressed nasal line, swelling and bruising of his face, deviated nasal septum, fractured teeth, misalignment of teeth, constant pain, aches and discomfort, difficulty sleep and engaging in daily activities due to emotional distress and anxiety and other physical, emotional and psychological injuries.
The plaintiff claimed he may require as many as six root canals to repair his teeth and other extensive dental work.
UPDATE
But in the defendants’ preliminary objections filed on Feb. 26, they allege that each claim brought by Huynh, the primary plaintiff’s mother, is legally insufficient because no duty was owed to her by the defendant, and that restitution is not a recognized civil cause of action in Pennsylvania.
“The test to determine whether there is liability in an action of tort is in the answer to the question of whether a defendant, by an act or omission, has injured another party by disregarding a duty imposed by law with respect to that other party,” the objections read, in part.
“Restitution is not a standalone legal claim, but rather an equitable remedy, often awarded pursuant to an unjust enrichment claim. Plaintiffs have not pled an unjust enrichment claim, nor is one appropriate under the facts. Accordingly, the claim for restitution is legally insufficient and must be dismissed with prejudice.”
For counts of assault and battery, intentional or reckless infliction of emotional distress, restitution and negligence, the plaintiff is seeking damages in excess of $35,000, plus interest, costs and delay damages.
The plaintiff is represented by Mark E. Ulven of Sommer Law Group, in Pittsburgh.
The defendants are represented by Justin T. Romano of Attisano & Romano, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-21-000553
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com