On Oct. 1, 2014, the Estate of Josh Bishop filed a wrongful death lawsuit against Chubby Cheeks, LLC and three employees in Miller County. The complaint alleges staff of Chubby Cheeks Liquor held two alleged shoplifters at gunpoint, handcuffed, and beat them with a hammer or mallet.
The Original Complaint names Chubby Cheeks, LLC, Allen Rogers, Lane Rogers, and Sammie Townes as Defendants. The complaint further alleges that Josh Bishop, 28, died on Feb. 23, 2014 as a result of the injuries caused by the Defendants on Jan. 25, 2014.
The alleged facts from the complaint are:
Josh Bishop and Wesley Attaway were in Chubby Cheeks Liquor Store on Jan. 25, 2014. Bishop allegedly took a bottle of wine from the store without paying for it.
Bishop and Attaway allegedly left the store without confronting any personnel or representatives of Chubby Cheeks while in the store and then walked down the adjacent street. These men then stopped and visited with one another in a wooded section off of the road. Allen Rogers, Lane Rogers, and Sammie Townes arrived in a vehicle and confronted Attaway and Bishop.
These three men exited their vehicle and “fired shots around [Bishop and Attaway], and instructed [Bishop and Attaway] to get on their knees”, the complaint states. “After handcuffing Mr. Attaway and Mr. Bishop into helpless positions, each of the three Chubby Cheeks representatives took turns physically assaulting Mr. Attaway and Mr. Bishop; such vicious attacks included hitting them in the face with a hammer or mallet, and/or striking them with their hands, and/or kicking them, and/or hitting them and slamming Mr. Josh Bishop’s face into the paved roadway,” the Original Complaint further states.
The complaint details the injuries to the Bishop and Attaway including damage to each of their heads. “Mr. Bishop suffered multiple fractures of his jaw and a number of his teeth were knocked out by the physical assault.”
Bishop was sent to UAMS Little Rock and underwent surgery to set his jaw and treat his other injuries. Bishop was released but re-admitted on Feb. 20, 2014 for further medical care.
“Upon dismissal from UAMS on the second occasion in February 2014, Mr. Bishop was prescribed liquid hydrocodone by his physicians due to the excruciating pain he was experiencing,” The complaint states. “Tragically, on the evening of Feb. 22nd or the early morning hours of Feb. 23rd, Mr. Bishop died in Bentonville, Benton County, Arkansas.”
The suit alleges the actions of the three individual Defendants were negligent because they failed to act as a reasonably careful person would have acted under the same or similar circumstances. It furthers alleges that Chubby Cheeks, LLC is responsible for these negligent actions based on the doctrine of respondeat superior, which attributes the actions of employees to their employers during the during and scope of employment. The suit also alleges the Tort of Outrage, False Imprisonment, and Battery.