Lawsuits filed in Cherokee County

A Blacksburg man severely injured when he was struck by a vehicle in 2006 has filed a lawsuit claiming he will endure extreme pain and suffering for the rest of his life.

James McClain claims in the suit he was lawfully operating a lawn mower on South Charleston Street in Blacksburg on Nov. 17, 2006, when the driver of a 1999 Ford sports utility vehicle lost control and struck him, causing near fatal injuries.

The lawsuit claims the defendant, Ted Michael Beverly Jr., operating a vehicle owned by Ted Michael Beverly Sr. and/or CBS Surveying and Mapping Inc., fled the scene following the collision.

McClain claims his medical bills have already exceeded $500,000 and that he will continue to sustain losses of at least $25,000 a year for the rest of his life as a result of his injuries.

The owner of Prime Outlets - Gaffney filed a lawsuit in Cherokee County Court against one of the mall's former tenants, claiming it still is owned $179,440 in rent.

Gaffney Outlets LLC, successor to the Carolina Factory Shops, claims in the lawsuit it had entered into a lease agreement with Dinnerware Plus Inc., trading as Mikasa Factory Store, in August 1996 for the lease of store space. Several modifications of the lease were approved in November 2000, October 2002 and November 2002. In July 2006, ARC International, the successor to Dinnerware Plus Holdings Inc., signed a termination and release agreement which called for the lease to expire on Dec. 31, 2006, according to the lawsuit.

Prime Outlets - Gaffney claims ARC International still owes $179,440 despite having left the outlet mall in November 2006.

A Greenville County man has filed suit against a restaurant operator, claiming his food was too hot to eat.

Frank Chancellor claims in the lawsuit against Carrols Corporation he was served a chicken sandwich on July 17, 2003, at a Carrols Corporation restaurant in Cherokee County that was too hot for consumption. Shortly after he began eating the sandwich, the lawsuit claims Chancellor suffered a severe burn to his mouth that resulted in severe physical pain, distress, loss of ability to taste certain foods, loss of earnings and medical expenses.

The suit does not say which restaurant the incident occurred in, but the Carrols Corporation Web site says the Syracuse, N.Y.-based company is the operator of 560 Burger King, Pollo Tropical and Taco Cabana restaurants in 16 states.

Chancellor is seeking unspecified damages, claiming negligence, breach of implied warranty, and product liability.