The fan who filed a police report after being struck by
William Edwin May III filed the suit July 11th, several days after prosecutors decided not to file misdemeanor battery charges in the case. May claims he was severely injured and is seeking a minimum of $80,000 in damages plus attorney’s fees from Gallagher and the Laughlin, Nev., casino.
The suit says the show-goer sustained hearing damage and extreme emotional, physical and psychological harm.
It accuses Gallagher of striking May “without justification and provocation … causing severe damage,” and says the casino failed to ensure proper behavior from its employees and acts.
Gallagher apparently grew angry when May purchased a drink from a cocktail waitress during a May 26th show. He accused the two of disrupting his show and then stepped onto May’s table and struck him in the head, the plaintiff said.
Gallagher has maintained that he did not hit May with significant force and that it was part of the act. He said May did not appear upset after the incident.
Casino officials said they fired the comedian after the night in question, although Gallagher says he quit.